Loading...
HomeMy WebLinkAboutMinutes_Regular_08/12/2003r ., ~* v ~;_ ~~ f r ~~ ' & i VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES AUGUST 12, 2003 I. Call to Order and Roll Call The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Tuesday, August 12, 2003. The meeting was called to order at 7:00 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, Council Member Geraldine A. Genco, 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 Police and Fire Chaplain Reverend Paul Beresford, First Baptist Church, gave the invocation, and Vice Mayor von Frank led the pledge of allegiance. III. Approval of Agenda MOTION: Council Member Watkins made a motion to approve the Agenda as amended. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. IV. Presentations and Proclamations A. Presentation of Proclamation declaring the week of October 5, 2003 as "Fire Prevention Week". Fire Chief James Weinand read the proclamation aloud. • MOTION: Vice Mayor von Frank made a motion to approve the Proclamation declaring the week of October 5, 2003 as presented. Council Member Watkins Recycled Paper Village Council Meeting Minutes August 12, 2003 Page 2 ----------------------- seconded the motion, which carried by unanimous 5-0 vote. B. Presentation of Proclamation declaring September, 2003 as "Literacy Month" in the Village of Tequesta. Mayor Resnik read the proclamation aloud. MOTION: Vice Mayor von Frank made a motion to approve the Proclamation declaring September, 2003 as "Literacy Month" as presented. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. C. Presentation to Council Member Pat Watkins of Certificate of Completion for The Institute for Elected Municipal Officials. • Mayor Resnik commended Council Member Watkins for taking the time to attend a 3-day course to better serve the residents, and presented her with a certificate of completion. Council Member Watkins expressed her thanks for being allowed to attend the course. D. Presentation of Preliminary Plans for the Tequesta Village Hall by CH2MHi11. Village Manager Couzzo introduced Phil Crannell, Senior Vice President of CH2MHil1 and a Director of Gee & Jenson, and Project Architect Mike Flattery. Mr. Crannell announced that the presentation would meet the Village criteria of a Village Hall less than 10,000 square feet, within the budget of between $1.8 and $2 million, and could be built in a reasonable period of time once the decision was made to proceed. Mr. Crannell explained that the architectural statement of the new Village Hall would complement the Public Safety building, which was one of the showpiece architecture facilities for Public Safety buildings within the State of Florida. Mr. Flattery presented and reviewed the proposed floor plan and clarified the use of proposed offices. Two different concepts for the building orientation were discussed. Council Member Genco indicated that the plan the Council had received had the entrance facing Tequesta Drive, but the one being shown tonight had the entrance on the west, facing the Public Safety building. Council Member Genco noted that her concept had been for the entrance to be a stage area for the park so people could sit on the grass and listen to concerts, and expressed concern that in the new elevation the stage faced the parking lot, which she did not consider functional. • Village Council Meeting Minutes August 12, 2003 Page 3 Vice Mayor von Frank suggested that the two concepts be presented in Smoke Signals to get input from the residents. Council Member Genco indicated she liked the elevation but it did not work with the concept, and suggested the employee break area be moved to the front, commenting that since the public did not need to know that was a break area it could be disguised with landscaping. Mayor Resnik indicated he liked the functionality of the new design. Council Member Watkins commented if the building faced Tequesta Drive it would be closer to the property line. Mr. Flattery indicated approximately four parking spaces would be lost. Council Member Genco expressed her opinion that loss of three or four parking spaces was not a realistic perspective compared to making the facility more useable for the public. Council Member Capretta expressed his opinion that the building entrance on the west side was the most functional, and he liked the most functional use. Also, having the entrance face the Public Safety building entrance created a nice courtyard and maximized parking. Council Member Capretta commented he • liked the way it looked better and and believed it functioned better. Council Member Watkins commented although it would be better to see the front of the building from the street, since there could not be parking there it would be better to have the building oriented to the west with parking nearby, making it more accessible to residents, and requested that the air conditioning handler not be close to Blair House so that the Village would not get calls about the noise. Council Member Genco asked if the facade could be reversed, having two entrances so people could enter from either side, and requested an elevation depicting that concept. Discussion ensued. Council Member Genco clarified that the double doors would face north and Mr. Flattery commented that the back would be a stage area. The stage and the employee lounge area would face the park. Mayor Resnik asked if the side of the building that was facing Tequesta Drive could be improved in such a way that it could serve as a stage without excessive cost. Mayor Resnik commented that would satisfy functionality and still provide a use for the building in terms of the park. Mr. Crannell suggested the facade of the building facing the park be designed with elements so it could be used as a backdrop, such as lighting, electrical connections, something on the roofline, etc. Council Member Capretta noted most people who came to the Village Hall came to see either the Village Manager or Mr. Newell or to pay their water bill, and asked if a drive-up would be considered, to which the response was there would be a drop-off for water • bill payments. Mayor Resnik commented he would like to see something that would enhance the south side to permit utilization of the area facing the park without changing the entrance. Council Member Genco clarified with Mr. Flattery that the Council Chambers would contain audio visual equipment • Village Council Meeting Minutes August 12, 2003 Page 4 ----------------------- including a projecter and telephones, and a place to work if someone wanted to come in and do research and pull files, etc. The plan would capitalize on the extremely high-tech system already in place in the public safety building. Council Member Genco commented if one million was financed for this building it would cost approximately $9,000 a month, which was pretty close to what was now being paid for rent. Mr. Couzzo commented that the plan was to pay for it. Council Member Capretta asked to be shown the location of the current well and the new proposed well. Mr. Couzzo commented that the pipeline would go into construction probably prior to 2004, and the well was slated to begin in 2005, and the Village Hall was planned to begin sometime after 2005. The bid for the well would be done this year. Mayor Resnik commented he liked the idea of enhancing the south side with lighting and making it attractive to passers-by, but mainly for use by people coming to hear music or a play, and he would look forward to the new designs. V. Unfinished Business A. Second Reading -Ordinance No. 580 - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 6, Buildings and Building Regulations, of the Village Code of Ordinances, at article II, by Including a New Section 6-27, Adoopting the Florida Building Code, 2001 Edition; Including a New Section 6-28 adopting the International Property Maintenance Code, 2002 Edition; Including a New Seciton 6-29 adopting the Palm Beach Countywide Uniform Amendments to the Florida Building Code 2001, Section 103.5; Amending Section 6-41, National electric Code, Providing for Severability; providing for repeal of Ordinances in Conflict; Providing an Effective Date. Building Official Jeff Newell explained the codes involved in this ordinance- the Florida Building Code 2001 which became law in March, 2001; a Palm Beach County amendment to the administrative chapter of the Florida Building Code regarding powers and duties of the Building Official concerning unsafe structures; and the National Electric Code 2002 which had been adopted by the state. These three codes were required updates and would bring the Village current, and the fourth, the International Property Maintenance Code, addressed • maintaining properties in a proper condition to prevent blight and derictlition. Council Member Genco asked how a situation like the Siegel residence would relate. Mr. Newell responded that the Siegel residence would be in direct violation of this code-that it would address more issues--the exterior portion of • Village Council Meeting Minutes August 12, 2003 Page 5 ----------------------- the property, the structure, and grounds as well as the interior, and if there were delapitaded systems-it created a standard. Council Member Genco asked if it would give the Village more teeth, to which Mr. Newell responded, yes, and it also addressed cases limiting the number of renters in a home. It had nothing to do with boats and trailers, which was a different issue. Village Attorney Hawkins read Ordinance No. 580 by caption. Resident Pauline Hutchinson commented she did not mind any of the changes except 104.4 Right of Entry, to which she objected ,and which she thought infringed on constitutional rights; plus the policemen had enough to do trying to catch the bad guys without trying to get the Building Inspector in somebody's house. Mr. Newell read aloud the right of entry referred to by Mrs. Hutchinson, and explained the same language was in the Florida Building Code. Mr. Newell described a hypothetical situation where noxious odors were coming from a home, • and under this section he could go to the door and ask to enter, however, if the resident refused, he had to leave; however, this section then provided the right to pursue this matter through the court system. Mr. Newell explained this did not give a building official the right to go to someone's home and walk right in. Council Member Capretta commented he did not see a change from the current law, but some people had just not been aware of the process, which Mr. Newell confirmed. Mr. Newell clarified that was how the building offical now did his job, and this would grant code enforcement officers the same powers, but neither could enter a home if a resident refused entry; they would have recourse through the courts. Mr. Newell confirmed the language he had just read was what he operated under in his position as building official and this would give the code enforcement officer the same power. Mayor Resnik confirmed with Mr. Newell these were adopted either national or state requirements and asked what the Village was adopting into their code. Mr. Newell responded the Florida Building Code, the Palm Beach amendment, and the National Electric code were required to be incorporated, but the property maintenance code was not required. Mr. Newell confirmed he had had a couple of phone calls and had explained it to some people, and the issue they were uncomfortable with was the right of entry. Peggy Verhoeven, Point Drive, commented a lot of this had been reviewed around 1996, which Mr. Capretta would remember since it had been a big issue. Mrs. Verhoeven commented Mr. Newell meant well and indicated she did not object to adoption into the Village code ofthe • required codes but did not like the verbiage in 104.4 regarding right of entry, which she believed came too close to a constitutional violation of number four in the United States constitution, the right of the people to be secure in their persons, houses, papers, effects against unreasonable search and seizures shall not be • Village Council Meeting Minutes August 12, 2003 Page 6 ----------------------- violated, and no warrants shall issue but upon probable cause supported by oath or affirmated and particularly described the place to be searched, and the persons, and the things to be seized. Mrs. Verhoeven commented she had found five or six constitutional violations in the Lantana Plan. The officer who approached the door if not let in would go back to the town and the wording was he would go to a judge and obtain a warrant and she did not know any judge in the land who would stick his neck out to provide a warrant to go in and look at a resident's pipes. Mrs. Verhoeven commented she thought that would be difficult. Mrs. Verhoeven stated that was the previous language according to her memory. That was about 1996 and it was either corrected or it did not fly at all. Mrs. Verhoeven stated the proposed language was ambiguous and confused people, and was alienating since it appeared someone would go to your door go in and inspect your house and it might be all right but people were not aware of the procedure to get into their house. Mrs. Verhoeven asked what sort of complaint there could be against house wiring unless a fire broke out, but this was not telling the people that the process was to go back • and get a warrant if you had good reason to go in and look for something dangerous to health, safety, or welfare; and suggested the wording be changed to explain there would be a warrant obtained because of the seriousness. Council Member Genco commented that only section 103.5 was being adopted and it was not adopting section 104.4, and the Village code already had what Mr. Newell explained so this was not being adopted unless it was already adopted in the code. Mr. Newell clarified that section 103.5 was an amendment to the Florida Building Code, not this property code. Mr. Newell asked the Village Attorney to clarify what was being proposed. Village Attorney Hawkins commented the international property maintenance code modified the prior code and it was his understanding that the proposal was to adopt the entire property maintenance code so if that included the language raised here, that was being adopted. Council Member Genco stated it did not, because only sections 103.51 through 103.56 inclusive were being cited, and if you wanted to adopt the whole code it began with section 101 and ended with another section, definitely not 103.5. 103.5 through 103.56 was only five paragraphs of this and did not include the whole section which she thought was what was wanted to be adopted. Mr. Newell commented section 6-29, etc., were sections in chapter six, and if a new section 6 was being included in the Village Code it was section 6 - 29, adopting the Palm Beach Countywide amendments to the Florida Building Code. Discussion ensued between Council Member Genco and the Village Attorney to try to clarify this. Council Member Capretta asked to • postpone this item until it was known what was being done. Council Member Genco asked that this be tabled. Mayor Resnik stated if it could not be clarified in five minutes then it would be tabled. • Village Council Meeting Minutes August 12, 2oog Page ~ ----------------------- Attorney Hawkins clarified this would amend the Village's code to import the building code and how that is amended, and amending it to include the international property maintenance code, and that was reflected at the bottom of the ordinance. Section 2 said the Village was amending their Article 2 by importing the international property maintenance code, which contains 104.4 right of entry, so if the Village Council voted to approve the amendments Mr. Newell had proposed, they would be importing into the document 104.4 along with all other regulations in the document. With respect to the issue of right of entry, Attorney Hawkins stated in his judgement there was no invasion of constitutional rights; the owner had the right to deny access, and then there was a process to go through. What this did do was create a mechanism for incorporating this into the code enforcement policies, which in his judgement would provide the Village with a mechanism for remedying an internal problem. Council Member Capretta asked if the Village Council had already passed this at the last meeting, and this was now before the Council for second reading, which the other members of the Council confirmed. • Council Member Genco asked if there was any way to add a citation of the number of the properly maintenance code, 6-28. Attorney Hawkins explained that 6-28 was the Village's code and he did not believe there was a number for the Florida code; that when someone read the Village Code they would see Section 6-28 International Property Code. Council Member Genco asked if this was adopted if every time that code changed if the Village code would also change, which Attorney Hawkins stated was correct. MOTION• Vice Mayor Von Frank made a motion to accept Ordinance 580. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. VI. Consent Agenda MOTION: Vice Mayor von Frank made a motion to approve the Consent Agenda as amended with item F pulled for discussion. Council Member Genco seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved: A. Village Council Regular Meeting Minutes of July 10, 2003 • B. Village Council Budget Workshop Meeting Minutes of July 1, 2003 C. Parks & Recreation Advisory Board Meeting Minutes of July 2, 2003 • Village Council Meeting Minutes August 12, 2003 Page 8 ----------------------- D. Board of Adjustment Meeting Minutes of June 16, 2003 E. Special Master Code Enforcement Hearing Minutes of June 26, 2003 G. Ratify ET&T Billing Agreement for transmitting electronic claims to health insurance companies at a $75.00 set up fee and an estimated charge of $202.50 per year H. Resolution No. 39-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, appropriating additional Fund Balance from the Special Law Enforcement Trust Fund of $9,190.00 for Budget Year 2002-2003, to fund the purchase of computers and exercise equipment as follows: computers $2,280.00 and exercise equipment $6,910.00. I. Resolution No. 40-02/03-A Resolution of the Village Council of the Village of • Tequesta, Palm Beach County, Florida, awarding a Proposal to Ranger Construction Industries, Inc. of West Palm Beach, Florida, in the amount of $66,200.00 to Asphalt Overlay 1.6 miles of Village Roadway: Intracoastal Circle, Chapel Lane, Chapel Court, Chapel Circle, Shady Lane, Bayview Terrace, and Bayview Court, based on the Palm Beach County Annual Asphalt Milling and Resurfacing Contract Project #2004051, having a FY 2002-2003 Capital Improvement Fund allocation of $97,808, and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. (will leave a balance of $31,608 in Capital Improvement Fund) Approval of New Budget Calendar K. Dissolve the Parks and Recreation Advisory Board Items Pulled from Consent Agenda to be discussed separately: F. Ratify additional and unexpected costs in the amount of $5,325.00 for the skate park in Constitution Park Vice Mayor von Frank questioned what the $5,325 was for; Council Member Genco commented the last she had heard this was under budget. Mayor Resnik explained that the amount included costs inadvertedly omitted as well addition of • a fence. MOTION: Vice Mayor von Frank made a motion to approve Consent Agenda Items F. • Village Council Meeting Minutes August 12, 2003 Page 9 ----------------------- Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. VII. Communications From Citizens Betty Nagy, Shay Place, commented she attended meetings in order to find out what was happening in the Village; however, items were presented in such a manner that it led to confusion on the part of residents attending the meetings and expressed her opinion that there should be more discussion on each item presented. Mrs. Nagy commented that it should not be necessary to go to the Village Hall to get information that should be presented at Council meetings, and that for years when items were brought up it was discussed by each council member so people in the audience knew what was being talked about. Mrs. Nagy commented that for the last 3-4 months residents came to the meetings and all that was done for items and resolutions was to read them and there was no discussion • on half the items, which she felt was not legal or fair to the residents who were paying the Council salaries. Wade Griest, 494 South Dover Road, commented that it was hard to believe there was now a lien on the Siegel property which started October 27, 1999-1319 days at $1,000 per day, which brought the lien up to $1,319,000; and there were also court costs from when this lien was imposed of $25,530.01, and the taxpayers were paying that and as a taxpayer he resented it. Mr. Griest commented this was the only property within the Village that he knew of where the grass was being cut in front of the home every month. Mr. Griest stated for the last three months for personal reasons he had had a lot of reason to travel around and had discussed this matter with a lot of people, including accountants, attorneys, tax people, etc., and it was hard for them to believe. Mr. Griest asked the Council Members individually what they would do if they lived next door to a mess like this. Mayor Resnik stated, let the law prevail. Vice Mayor von Frank stated he would have changed attorneys because this had been going on too long and he felt the Village had not been served properly. Council Member Genco stated she agreed with Mr. von Frank because it had been too much not to be able to prevail against a person who was not even an attorney, and she did not understand it. Mr. Griest commented he had spoken with other attorneys who did not understand it. Council Member Capretta responded he did not believe there was another town in • the state with a Village Council who had spent the amount of time, effort and money to take care of a problem that Mr. Griest had with his property because of the bad neighbor he had, and he felt Mr. Griest should be very thankful he lived in the Village of Tequesta with a town council willing to spend hundreds of • Village Council Meeting Minutes August 12, 2003 Page io ----------------------- thousands in taxpayer money and time and effort to try to solve the problem for Mr. Griest. Council Member Capretta commented the Council may have failed but had not ignored Mr. Griest, had not said his problem was not serious, and had done everything possible; they may have failed but had given it every effort, and he believed Mr. Griest should say this is some Village he lived in that worried that much about one citizen. Council Member Watkins commented it served no purpose to re-hash this issue, she was sorry he had a neighbor like this and thought the Village had tried to do what they could on his behalf to have Mrs. Siegel fix her property, and she did not understand why it took so long. Council Member Watkins commented the Village had certainly tried and she did not know what they could have done better. Vice Mayor von Frank commented it was not the Village, it was the attorneys, and the problem was the Village had paid attorneys for many years and did not get the benefit of their expertise. The Village Manager commented the Village had cut the grass and it was now in compliance with the code. • Dave Berthoff, North Cypress Drive, commented he had attended a number of meetings and was still not clear when citizens could speak. Mr. Berthoff commented regarding Village Hall siting that for the Council it would be fair to identify what specific events or activities would take advantage of the stage and how often they would occur; and once determined, a cost value analysis could be done and a decision made on how much more money it was worth to redesign to accommodate the staging and if it made sense to redesign to accommodate some number of events and to spend those extra dollars. Peggy Verhoeven, Point Drive, commented that Councils over the years had taken up for residents in civil court two of which were the bird lady and the country club when their covenants ran out and the Village had replaced them. Mrs. Verhoeven indicated that the covenants had blanketed a whole area, not just the country club, and those were probably the codes the Village was living under today, and the country club's covenants were running out again and they would be coming to the Village to get them replaced. Mrs. Verhoeven expressed her opinion that any association whose covenants were running out should pay for their own new ones and taxpayer money should not be spent for this by the Village. • Dave Berthoff commented that he had attended concerts at the gazebo in Constitution Park and thought that was a great place to hold a concert. • Village Council Meeting Minutes August 12, 2003 Page ii ----------------------- VIII. Communications from Council Council Member Genco commented that in response to Mr. Berthoff, the concept of having dual use of Village Green Park had come about as the result of talking with a number of different organizations, including a little theater group in Jupiter and Lighthouse Center for the Arts. A number of other organizations were interested in having a staging area which would have apark-like environment. Because of greater utilization of Constitution Park, events were competing with children who were using it for a park facility and it was difficult to keep the kids quiet and away from the music area because they felt it was their park. Council Member Genco commented the Village did not have more land, and if Constitution Park was not being used for a band area it could have more recreational facilities for the children; meanwhile, the Village Green park was not being utilized so the idea was since a building was being constructed it would not cost much more to have a dual purpose and take advantage of that beautiful park. • Council Member Genco commented regarding the Siegel matter that she was not happy about the amount of time it had taken but realized the law sometimes moved very slowly, and sometimes things did not work out as systematically as hoped. Council Member Genco expressed her opinion this had been an extremely protracted length of time and the Village had used a lot of its finances to try to do the right thing for its residents such as Mr. Griest. Council Member Genco stated she felt this should have gone faster, but the Village was doing as much as they could. Council Member Capretta stated he wanted to make comments to the Council, and felt they should do a better job of defining their strategies. He had been reminded of this earlier in the meeting when Council Member Genco had made a quick comment that if the Village borrowed a million dollars for the Village Hall that the interest wouldn't be too bad, and although he did not want to pick on that statement, the point was that the Council should have responded, don't you remember, Council Member Genco, that this Council committed to build a Village Hall that would be less than 10,000 square feet, would cost less than $2 million, and it would be paid for in cash, etc. Mr. Capretta stated the Village Council had committed to this and it should not change, and he wanted it known because there would be an election in March with possibly several new Council • Members, and he thought it would be good if the Village Manager said, remember this is the principle we have been working on and it will be implemented in 2005. Council Member Capretta noted the Village had a strategy for water, which concerned buying water from Jupiter, putting water in north of County Line Road, Village Council Meeting Minutes August 12, 2003 Page 12 ----------------------- adding an addition to the plant, pricing, etc., and those things were not changed without a great deal of thought, and the Village Manager had put those things in writing-a commitment that the Council had made in planning. Council Member Capretta commented if there was a new Council every year, one could see that there would not be continuity, and there had been three different commitments to build a Public Safety building before it ever got done because of new members coming on the Council and wanting it revisited so the whole thing had to be restarted from the beginning. Council Member Capretta recommended changing procedure so that each time there was a new Council, the Village Manager would put in writing three or four items for which there were long range commitments and advise the new Council. Vice Mayor von Frank commented Mr. Berthoff made a statement about spending money for parks and recreation and he would have agreed three years ago, but now there was a committed person and there had been expansion of the activities for the people, and that was why he was willing to go along. Pat Watkins commented when she had been running for office, lack of communication was constantly brought up, and there could never be too much communication. Council Member Watkins agreed that any information that could be on hand clearly written, for new Council Members, goals of Council, what had been going on for five years and projected, and for members of the public to understand direction of the Council past present and future was always good, and incorporated with that she wanted to say to Mrs. Nagy that she didn't quite know how the Council could make the public understanding of the meetings better but if there was something that could be done she would certainly encourage it. Council Member Watkins commented one of the things that was lacking was public participation and attendance, and whatever could make the meetings more meaningful to the public she believed would be a good idea, but not to take so much time that meetings would be hard to handle. Council Member Genco suggested a one paragraph purpose statement to go out with the agenda. The Village Manager commented if the Council would like a brief synopsis in addition to the agenda, that could be done. Council Member Genco commented that had come up many times, and that one paragraph would be sufficient. Mr. Capretta commented many times the public did not understand for instance that the Council had no choice but to vote to approve something that was an update of a new law. • Mayor Resnik commented he came to meetings for years and did not know what was going on, and the agenda was still being done the same way, and the public certainly had the right to see all documents, but to produce the whole packet for the public would be too much. A member of the public indicated they were Village Council Meeting Minutes August 12, 2003 Page 13 ----------------------- referring to selected items that might impact the residents, non-generic. The Mayor commented he saw nothing wrong with doing that. Mayor Resnik stated that he agreed with Council Member Capretta's recommendation and recalled that at the beginning of this year he had provided the Council and the Village Manager with some objectives: (1) Build a Village Hall with existing funds; (2) Millage rate reduction; (3) put in the expansion of water plant and piping with existing funds-no additional debt. The Village Manager was tasked by the Council at that time to produce plans, which he did in June. A phased plan for the water through 2007, a plan for the Village Hall by late 2005, all using existing funds which had been identified-so those two things were in existence. The budget development had considered that, and Mr. Capretta had said many times there must be plans, and he believed the Village Manager had done a good job on this. Village Manager Couzzo commented strategic planning had been done, but followup was needed, to give it a little more strength, • and during this budget process the Council would consider designating reserve funds which would follow that phased format. If there was a new Council following the election, the Council could change that plan. The Village Manager recommended that the Council put in place a mechanism to achieve that goal and make that statement to future councils and solidify this Council's commitment to doing it that way. Village Manager Couzzo commented as far as the one paragraph, that would be done, but everyone was welcome to come to the Manager's office or the Clerk's office and staff would be happy to provide any documents they would like for research. Mayor Resnik read aloud a short letter to Mr. Michael R. Couzzo, Village Manager, from South Florida Water Management District, taking this opportunity to express their appreciation for his interest in their program and notifying him that the evaluation committee had completed their review of all applications submitted in response to his request.. The District informed Mr. Couzzo that funding had been approved in the amount of $100,000 for the reverse osmosis system expansion project, and the District would authorize this award through the issuance of an agreement within the next month, pending governing board approval. Mayor Resnik congratulated Mr. Couzzo. Mr. Couzzo indicated the . request had been for matching $300,000, but he felt fortunate to receive $100,000, which would help with development of the piping, and the Village would apply again this year for a grant, which would be used for the actual expansion. • Village Council Meeting Minutes August 12, 2003 Page i4 ----------------------- Mayor Resnik commented last November the Village Council had approved a new 5-year contract for the Village Manager which included a set percentage of salary adjustment for each of the five years, so there was no judgement on the amount of merit increase for the next four years, which was already approved at 4%. Additionally, the contract said the Village Council shall review Michael R. Couzzo, Jr.'s performance annually at least 30 days prior to October 1 of each fiscal year, and decide if additional performance recognition compensation is appropriate. Mayor Resnik advised the other members of the Council that Mr. Couzzo had provided a comprehensive list of achievements or accomplishments that Administration and his staff had accomplished during the fiscal year, and had provided it to Council Members. Mayor Resnik invited each Council Member to review that list and to talk to Mr. Couzzo, independently if they so desired, in determining their evaluation. Mayor Resnik announced that the September meeting agenda would include an appraisal for Mr. Couzzo and a determination if the Council felt his performance had warranted a performance recognition compensation, so that a decision could be made before October. Council Member Genco requested copies of all the documents that would be needed. Council Member Capretta indicated how well the Village Manager did in achieving the things he put down in his letter was how he would appraise the Village Manager, and he liked that there had been a plan and it was in writing, but he would have liked the entire Council to have agreed on that plan, because that was what the whole Council wanted, not just Mayor Resnik. Mayor Resnik commented he provided it to the Council and the Council had refused to review it and he had been really upset about that all year. Mayor Resnik stated he gave it to the Council to look at in January, they didn't look at it for two months, and in March somebody said they did not have it, so let's give it to him, so that was what was done. IX. New Business A. Discussion of creating an ordinance for establishing a Planning and Zoning Board Community Development Director Jeffrey C. Newell commented a Planning and Zoning Board would take care of public input, that this would be an advisory board which would combine the Community Appearance Board with the Planning • and Zoning Board, and this board would do a complete review of all development matters. These would be public hearings, which would be the time for public input. These would be single-issue type meetings and if it took three hours or three meetings that would be the time taken to complete the review. An entire • Village Council Meeting Minutes August 12, 2003 Page i5 ----------------------- review would then be presented to the Village Council with all the comments and recommendations from the Planning and Zoning Board. The Planning and Zoning Board would also be involved with ordinances that were in controversy. Mr. Newell reported that the Community Development Department had been updating the Village codes and was ready to start the process of bringing those to the Planning and Zoning Board for public input and board review; then all minutes and recommendations would be forwarded to Council for final review and approval, disapproval or to go back for changes. Mr. Newell highly recommended moving forward with creation of a Planning and Zoning Board, and noted he had provided a draft ordinance for discussion. Council Member Genco asked what Mr. Newell considered the biggest benefit. Mr. Newell responded a review process was also being streamlined, and he had consulted Gentile and Associates who did a lot of work for applicants, and they were happy with this because the review before the board would cover everything, including what the Community Appearance Board did, and it would give time for a complete review • of a project, and that would be a benefit to the public as well. Special exceptions would first go through Planning and Zoning and would then be forwarded to the Village Council. Council Member Genco asked what would happen if the Planning and Zoning Board approved something and the Council did not agree. Mr. Newell explained that the Planning and Zoning Board could not approve anything-they would be an advisory board, which could only recommend approval or disapproval to Village Council. Mr. Newell confirmed no promises would be made to applicants, and the Council was the final authority. Mayor Resnik explained that this concept would involve residents working on the board, and that the present Community Appearance Board would be absorbed into this board, and expand its responsibilities, still have residents as members of the board to hear the input; and instead of the Council getting a thick package with all the requirements for building this or that, the Planning and Zoning Board would get it and would moderate it and the Council would get a package with their recommendations for a vote. Mayor Resnik commented the Board would streamline the operations, their meetings would be public, they would address zoning codes, building codes, new construction, and all things they should address, and then the Village Council would make the ultimate decision. Council Member Genco expressed concern that this would lengthen the time for review, making applicants unhappy. Mr. Newell explained it would actually shorten the time, and that reviews would become atwo-step process-first going to Planning . and Zoning and then the Village Council. Mr. Newell noted that if the review at Planning and Zoning level could not be completed in one meeting, they could call a special meeting to complete a review timely. Village Attorney Hawkins explained that this was a standard process with other local governments • Village Council Meeting Minutes August 12, 2003 Page i6 ----------------------- throughout the state, and people in the business of seeking approvals were accustomed to having to go through the two-step process, which he believed led to better decision making and was certainly much easier for the Council. Attorney Hawkins advised that the Village Council would appoint the board that would be hearing these requests, so would have input in that way, and would have an opportunity to hear each application. Council Member Genco commented the Council had deliberately not done this because they had been told it would lengthen the process, but if it was quicker and would streamline the process she could understand it. Council Member Capretta commented this was considered 7- 8 years ago, and it had broken down in the process of deciding how to operate the boazd, who should be on the board, and what training they should have, because to get the benefit of having this boazd it must have qualified people on it, although they could learn over time by being on the board. Mr. Newell commented staff had technical knowledge to educate the board, and he did not see that as an issue, and there was also an attorney involved with the boazd who would correct the • board, and he felt this could be done successfully. Mayor Resnik commented he had attended meetings and read the minutes of the Community Appeazance Board and Board of Adjustment who heazd a lot of cases and were very proficient, the members had different backgrounds and occupations, and listened and rendered very decent results, which might be because they had been on the boazds a long time. Council Member Capretta commented on a past ruling by the Board of Adjustment which the Council wanted to change but had learned the Board of Adjustment decisions were final. It involved a building on Bridge Road where variances to the setbacks were granted, and Mr. Capretta. had been designated by the Council to negotiate with the developer, Mr. DiVosta's son-in-law, and they promised to put it back, put in underground parking and some other things, so he let them build two extra stories, worth a couple of million dollars apiece. Mr. Capretta commented after that the Council never let a committee approve any commercial property, and that was how the Village got into that mess once before. Mayor Resnik commented that nevertheless, the Board of Adjustment ruled on what they heazd and it did not come to the Council; and Planning and Zoning Board would not have final approval-everything they did would come to the Council. Council Member Genco commented that she had one other concern- that the Community Appeazance Boazd at times had trouble getting a quorum. Mr. Newell commented he had been approached by several citizens of the Village who were very interested in serving and there was enthusiasm for this particulaz • boazd so hopefully that would not happen. Council Member Watkins expressed hope that this would make the Village more user friendly. A member of the audience expressed an opinion that members should come from all over the Village. Mr. Newell commented the two people who had approached him lived in • Village Council Meeting Minutes August 12, 2003 Page i~ ----------------------- the Country Club, but this would be advertised and applications taken, and the Village Council would appoint the members. Mayor Resnik agreed the membership should be across the board. A member of the audience asked if something like the ordinance presented tonight would first go to the Planning and Zoning Board, where the residents would be informed as to what it was about, which Mr. Newell confirmed. Peggy Verhoeven made comments that this would be similar to Jupiter and they tell everyone what to do. Consensus of the Village Council was to authorize Mr. Newell to proceed and to present to them a draft ordinance. B. Resolution No. 41- 02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a proposal from Sun Art Painting Corp. of Riviera Beach, Florida, to seal and paint the ground storage tanks #3 and #4 at the Water Treatment Plant based on the Martin County Annual Agreement, Purchase Order Contract Bid #A/R 01-202, • awarded to Sun Art Painting October 10, 2000; in the amount of $23,600.00, having a FY 2003 budget allocation of $30,000 (Account 401-242 546.341), and authorizing the Village Manager to execute the applicable proposal on behalf of the Village.- r~°°~"°° ^ --* ~-^~^--^^ ^~ ec inn e~ nnn R ~ > > sl~~y-sfle~ (Note: $30,000 has been budgeted and $978.00 has been spent so far to date, leaving $29,022 available to spend on this project) Village Attorney Scott Hawkins read Resolution No. 41-02/03 by caption. MOTION: Vice Mayor von Frank moved to accept Resolution No. 41-02/03. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. C. Resolution No. 42-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the appropriation of additional fund balance of $45,000 from Community Development, Fund #415, for Budget Year 2002/2003 to fund additional legal fees related to the Rynard-Johnson Lawsuit.-Community Development Director Jeffery C. Newell (At 8/12/2003 Community Development had available unreserved fund balance • $1,186,390.00) Village Attorney Scott Hawkins read Resolution No. 42-02/03 by caption. • Village Council Meeting Minutes August 12, 2003 Page i8 ----------------------- Vice Mayor von Frank asked why this suit was instituted. Mr. Couzzo explained that it was a suit with a neighbor and was a building issue. The judge was considering a decision. This would allow funds to come out of the Community Development Department enterprise fund, which was appropriate for this matter, which involved construction of a dock into the water and which was approved by the Village. Council Member Genco explained this had been approved about a year ago and was for the people who had a handicapped son and had been rebuilding their dock, which they rebuilt bigger. Attorney Hawkins advised this matter was tried in front of Judge Crowe, who was going to make a decision, having just returned from vacation.. MOTION• Council Member Genco moved to approve Resolution No. 42-02/03. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. • D. Resolution No. 43-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, appropriating additional Fund Balance of $21,000.00 from the Capital Improvement Fund #301, to fund unbudgeted irrigation improvements, pathway improvements and miscellaneous landscaping projects in the 2002/2003 budget year. (At 8/12/2003 the Capital Improvement Fund had available unreserved fund balance of $549,760.00) Village Attorney Scott Hawkins read Resolution No. 41-02/03 by caption. Public Works Director Gary Preston explained that these projects were started in September of last year but not completed until October of this fiscal year, which was the allocation problem MOTION: Council Member Genco moved to approve Resolution No. 43-02/03. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. E. Resolution No. 44-02/03-A Resolution of the Village Council of the Village . of Tequesta, Palm Beach County, Florida, appropriating additional Fund Balance from the following funds: General Fund #001- $81,250.00; Water Utility Fund #401- $5,800.00; Community Development -$3,150.00, for Budget Year 2002-2003, to fund the unbudgeted increase in the Village of • Village Council Meeting Minutes August 12, 2003 Page 19 ----------------------- Tequesta's contribution to the Pension Trust Funds, as determined by Gabriel, Roeder, Smith & Company, the actuaries for the Pension Trust (At 8/12/2003 available unreserved fund balance in the General Fund was $2,782,055.00: Water Utility was $8,025,776.00 and Community Development was $1,186,390.00) Village Attorney Scott Hawkins read Resolution No. 44-02/03 by caption. MOTION: Council Member Genco moved to approve Resolution No. 44-02/03. Council Member Capretta seconded the motion. Finance Director Forsythe explained that when the budget had been set for last year, the rates were lower than now, especially for Police, which were zero at that time. The actuarial report was completed the end of October/November but contribution rates had to go back to October 1, so the money was not placed • in last year's budget--thus the request now for additional money in order to pay for the pension contributions. Council Member Genco commented it was not only for a portion of the Village's contribution; it also went up because there were salary increases, etc. Ms. Forsythe commented the pension contribution was also based on overtime for public safety. Motion carried by unanimous 5-0 vote. F. Discussion and possible action regarding a proposal to provide water from the Tequesta Water Utility to residents of Martin County in the Tropic Vista Development. Village Manager Couzzo indicated a letter proposal had been included in the backup for this item for the Tequesta Water Utility to provide water services to residents of the Tropic Vista Development in Martin County. Mr. Couzzo explained that he had been working with representatives of Martin County, the utility department, the County Administrator, Commissioner Webberman, and the residents of that area to try to bring water to that area. The initial capital construction cost that was going to occur for approximately 108 residents had complicated the matter. The Council had charged Administration to expand the water utility to increase customer base and remain solvent in doing so. A program had been worked out with the county whereby the Village would do the • construction, the county would pay for the construction and would charge their residents through a property tax assessment for the construction. The cost estimate by Reese Macon Associates had been approximately $6,556 per resident spread over ten years. Approximately 70+ Tropic Vista residents had attended a • Village Council Meeting Minutes August 12, 2003 Page 20 ----------------------- meeting at the Village Hall and expressed their desire for the water service but that it would be a financial hardship; therefore, Mr. Couzzo proposed a new program whereby the Village would participate in the intial construction cost to expedite the project and help the people get the water they desired. Mayor Resnik commented this was a good offer, that the area was good homes, moderately priced, and estimated that the 25% charge assessed for non-residents for water would pay for this over a 3-year period, and the Village would receive $320,000 initially which would also pay for it, and the Village would recoup over the years sufficient funds. Mayor Resnik commented Mr. Couzzo had done a great job coming up with this plan, which he believed the Council should approve. Council Member Watkins stated she attended the meeting with the Tropic Vista residents and they were not only being assessed for this but also for stormwater drains, and there were quite a few residents who were hesitant because of the cost. Council Member Watkins expressed her opinion that anything the Council could do to entice them to come on board would be good, since they would be customers for a • long time, and this was helping neighbors as well as being a good business decision. Council Member Watkins congratulated Mr. Couzzo on doing a wonderful job in figuring out how do this, save some money, and add customers for the Village. Mr. Couzzo indicated that additional fire hydrants would be installed, which would add protection for the residents in case of fire. Mr. Couzzo commented Martin County representatives were happy the Village would go to this extent to accommodate them. Council Member Capretta commented this had been discussed many times over the years but had always broken down over this money issue and both Mr. Couzzo and Mr. Webberman should be congratulated. Mr. Couzzo commented the Village was surveying other areas for interest ,which would be evaluated to see if they could be added to maintain a viable, independent water utility long into the future without placing unncessary debt on it. The Village would be participating approximately 25% in the Tropic Vista program. MOTION: Council Member Capretta made a motion to approve the proposal to provide water from the Tequesta Water Utility to residents of Martin County in the Tropic Vista Development. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. X. Any Other Matters • There were no other matters brought before the Village Council. Village Council Meeting Minutes August 12, 2003 Page 21 ----------------------- XI. Adjournment MOTION: Vice Mayor von Frank moved that the meeting be adjourned. seconded the motion, which carried by unanimous 5-0 vote. passed and adopted and the meeting was adjournedG • DATE APPROVED: Respectfully submitted, ~~~~~7 ~ ~~~~ i Mary Miles Village Clerk Council Member Watkins The motion was therefore