Loading...
HomeMy WebLinkAboutMinutes_Regular_07/10/2003• VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JULY 10, 2003, 7:00 P.M. 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 WELCOME! • I. CALL TO ORDER AND ROLL CALL 9I• A• The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, July 10, 2003. The meeting was called to order at 7:00 p.m. by Mayor Resnik. A roll call was taken by Mary Miles, Village Clerk. Council Members present were: Mayor Edward D. Resnik, Vice Mayor Russell J. von Frank, Councilmember Joseph N. Capretta, Councilmember Geraldine A. Genco, and Councilmember Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Mary Miles, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Genco presented an article "Living with Intent" suggesting if you don't like how things are going and how they are affecting things, you have the power to change if you embrace everything as a gift. A child knows that if you ask for something it will appear. Council Member Genco led the "Pledge of Allegiance." III. APPROVAL OF AGENDA MOTION: Council Member von Frank moved to approve. DISCUSSION: Council Member Genco added water report for month of June 2003, and she had comments on Communications from Citizens. Mayor Resnik asked to add to Any Other Matters an item relative to the flagpole on 357 Tequesta Drive. • Council Member Watkins wanted to discuss a meeting she attended. Recycled Paper • Village Manager Couzzo asked to remove VI. B. from Development Matters. Village Attorney Hawkins asked of item IX. A. to rephrase to a motion to approve as to the subject of that item-he wanted to articulate a motion. MOTION: Vice Mayor von Frank moved to approve with noted changes. Seconded by Council Member Genco. Motion carried S-0. IV. PRESENTATIONS A. Presentation to Public Works Director Gary Preston for 30 years of service to the Village of Tequesta. Mayor Edward D. Resnik, Village Manager Michael R. Couzzo, Jr. Mayor Resnik presented a certificate of achievement to Gary Preston, mentioning his unswerving commitment to excellence, and stated we look forward to his continuing service. Village Manager Couzzo stated it is my pleasure, Gary is a gentleman, an individual of integrity, and on behalf of the Mayor and Council, he presented Mr. Preston with a watch. • Mayor Resnik read a letter from Carlton Stoddard remarking on Mr. Preston's capabilities. Public Works Director Preston stated they always say if you don't know where to start, start from the beginning. Before I came here in 1972, 605 voters elected to have a Parks and Recreation Department. I shall forever be thankful for those voters giving me the opportunity of 30 wonderful years. I've enjoyed coming to work. I appreciate starting Tequesta Park, and the beginning of Constitution Park. I have certainly enjoyed the past 30 years. There has been no time period better than the last 33 months. B. Presentations by Susan Kyzer, Executive Director for the Commission for Florida Law Enforcement Accreditation, Inc.-Village Manager Michael R. Couzzo, Jr. a. Tequesta Police Department Reaccreditation with National Recognition by State Commission. Assistant Police Chief Garlo remarked it is my distinct pleasure to introduce to you tonight Executive Director Susan Kyzer. It is an honor to have her here tonight. • Executive Director Kyzer stated it is always a pleasure to be asked to come to the cities that seek accreditation. On Apri12-4, 2 • there were three law enforcement professionals here for evaluation. Chief Allison made the decision to seek accreditation several years ago, back in 2000. It is highly regarded designation in the criminal justice community, and not easily obtained. The community benefits from the increased confidence in the agency's ability. For your tax dollars, it ensures better-trained officers. It addresses many areas of law enforcement. The reaccreditation on site does what the agency says they are doing. The accreditation process is more challenging. They are demonstrating they have made it a part of their culture. Agencies that seek accreditation and are reaccredited are to be commended. What a gorgeous new facility, and I commend the Council for providing that. It takes courage to ask individuals from the outside of your organization to come in and take a look and evaluate what you do. The assessment team was very impressed with the professionalism of all the members of the police department they demonstrated a high level of job knowledge and confidence. It is my pleasure to present to you this reaccreditation. Police Chief Allison stated this was a team effort, and I would like all of the members of my team to stand and be recognized. • Executive Director Kyzer stated behind every successful project, there is a project manager. (Lieutenant) Rick Ricciardi, we would like to commend you. We have a memento that states your perseverance. She presented him with a framed message. b. Presentation to Assistant Police Chief Robert Garlo as "Assessor of the Year." Executive Director Kyzer commented one thing the Commission began this year is an awards program. Many people volunteer to make our team successful. The folks that came into the Police Department are volunteers. We have had the pleasure of honoring one of your own, when we named Assistant Chief Bob Garlo "Assessor of the Year." We really do appreciate the things he does for us. I would like to give everyone a pin that is the seal of the Commission. She passed pins to the Village Council. C. Presentation of new Police Department Employees. Police Chief Stephen J. Allison Police Chief Allison stated there have been a number of changes in the • staffing of the Police Department because there was a promotion, retirements, and he was presenting to the Council previously the need for another dispatcher. He introduced the following: 3 • Matthew Galli, new Police Officer, he has a B.S. in Computer Science Brenda Hale, new Police Officer, comes from Jupiter, started her law enforcement career as records clerk in Gardens Christopher Paolantonio, new Dispatch, a degree in criminal justice, and has the ability to multitask Katheryn Hatos, Administrative Secretary, was one of 170 applicants for this position, each time we did the selection process, Kathy came on top, and she has an A.S. as a paralegal and a B.A. in Criminal Justice from FSU. Robert Worcester, promotion to Sergeant. After Irovando, Robert Worcester was the next candidate. Bob began his career in 1981 as an auxiliary officer in Jupiter. He started preparing for this promotion-he has completed over 1000 hours of training. He also runs the Department's preschool outreach program. He has received an award for heroism, and has a number of letters in his file for compassion and humility. D. Presentation of the Police Department's Child Identification Program (C.H.I.P.). Detective Brian J. Youngblood Assistant Police Chief Garlo mentioned we had a Budget Workshop • Meeting recently and he told us that the Village Manager wanted us to improve the quality of life in the community. One way we did that was to move Detective Brian Youngblood into a position of community awareness. He has revitalized community crime watch throughout the city. He has started a residential security program. This is another effort of ours to be proactive. Do everything we can to improve the quality of life. We have done it successfully, and I think it is an enormous benefit to the community. Detective Youngblood stated he came here January of last yeaz from St. Petersburg. I started my career here, and am glad to come back and do something for the community. There are about 2,200 kids a day that are missing. What we came up with was CHIP, a child identification card. It includes the child's name date of birth, eye color, hair color, and picture, and the parent has this card and can use it as an immediate resource. On the back it tells you what to do if your child is ever missing. We started this program initially on May 18`x. We wound up doing 33 kids. It is a digital picture. We can use it with other resources, such as if we need to get that child's information out. With that information we generate from these cards. Time is of the essence. Since the program started in May, it has become immensely popular. It is something that the parents of the children keep. It makes immediate resources available. We are looking • forward to getting as many of the residents covered as well as the kids. There are the forms on the table in the lobby area. Please feel free to contact me if there are any questions. 4 C] E. Presentation of a plaque designating the distinction of "Outstanding Class B Water Treatment Plant for Year 2003" from the American Water Works Association, Florida Section. Mayor Edward D. Resnik Mayor Resnik said last year our water treatment facility received an award for the best facility, class B. In April, it received an award for the best facility in the State of Florida from the American Water Works Association, a society dedicated to the improvement of drinking water. The Village of Tequesta Water Treatment Facility is rated a class B plant, meaning we're pumping 1 million gallons a day to 1.5 million gallons a day (under six million gallons). The award is for outstanding operation and maintenance practice. I would like to present the award to Mr. Couzzo. Meeting recessed at approximately 7:45 p. m., continued at approximately 8: OD p. m. V. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a • Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. A. Village Council Regular Meeting Minutes of June 12, 2003.-Village Clerk Mary Miles B. Tequesta General Employees Pension Trust Fund Board of Trustees Meeting of March 19, 2003.-Village Clerk Mary Miles C. Tequesta Public Safety Officers Pension Trust Fund Board of Trustees Meeting of March 19, 2003.-Village Clerk Mary Miles D. Board of Adjustment Public Hearing Meeting Minutes of January 27, 2003.-Village Clerk Mary Miles E. Village of Tequesta Special Master Code Enforcement Hearing Minutes of May 29, 2003-Village Clerk Mary Miles F. Resolution No. 34-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Promaxima Manufacturing, Ltd. Of Houston, Texas, for the purchase of exercise equipment, in the amount of $6,909.00, with funds being appropriated from the Special Law Enforcement Trust Fund, having a FY 2002/2003 budget allocation of $10,737.00. Police Chief Stephen J. Allison • G. Resolution No. 35-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a Water Service Agreement between Emerald Harbour and the Village of Tequesta Utilities Department, and authorizing the Village Manager to execute the applicable agreement on behalf of the Village.-Village Manager Michael R. Couzzo, Jr. MOTION: Vice Mayor von Frank moved to approve the Consent Agenda, seconded by Council Member Capretta. Motion carried S-0. VI. DEVELOPMENT MATTERS A. Proposed landscape and site place for the placement of a storage/construction office located on the northwest corner of the intersection of Tequesta Drive and Old Dixie Highway. Palm Corp, Inc. Director of Community Development Jeffery C. Newell Community Development Director Jeffery C. Newell explained this is the site plan for the construction trailer. This particular trailer is actually a shipping container, which isn't an uncommon thing today. The • department looked at this location, which puts in on the corner of Tequesta Drive and Cypress. We concur that there might be a problem with a large delivery truck stopping, there are traffic concerns. Tequesta Drive is a busy road, and we are of the opinion if this pressure is put here we are going to have some problems. As far as looking at the site and where the least impact is, if it is located somewhere up in the north portion of the site, which relieves pressure applied to Tequesta Drive. There is still some high vegetation in place. I don't know if it will create a problem. This area in the northwest corner would be the one that staff recommends for less trouble. Council Member Genco asked if the construction pavement would be moved that way. Mr. Palmieri of Palm Corp. stated we put it where it was for a matter of convenience, if we moved it, it certainly would not be an issue. What we can do is put down a temporary hard surface. This will be a driveway in the future. If there is anything that gets delivered after hours and it rains, it is there to protect against the rain. It will probably be in the middle of August when we will start construction. This type of building goes up very rapidly. Mayor Resnik stated I think if you have to move it, if you are going to move it, you have to hide it with shrubs. 6 Mr. Palmieri responded we plan to landscape it anyhow. Village Manager Couzzo asked when he thought he could accommodate. Mr. Palmieri replied they could do it immediately. Community Development Director Newell stated the code requires the trailer disappears when construction is complete. VII. COMMUNICATIONS FROM CITIZENS Harold Taylor spoke of the Siegel affair based on Randall Murray's article. He mentioned stating Mr. Randolph is somewhat responsible is unfair. He cannot be held responsible for decisions made by past Councils. I would like to examine the Village's part. The Village should have seen the property as it was. I recall a meeting in this room several years ago, and a gentleman had a proposal to clean it up and buy the property. The gentleman's proposal was not accepted. We have recently paid Terracon to clean up the property. Cleaning up has been replaced with the goal of beating Mrs. Siegel. In order to resolve this conflict, there can be no clear winner or loser in this battle of egos. Sell the property with proceeds split, or allow Mrs. Siegel to sell the property with money going to charity. VIII. COMMUNICATIONS FROM COUNCIL Council Member Watkins said she attended the Tropic Vista meeting the other night, it was well attended, and Mr. Couzzo did an excellent job of handling it. At times it became a little testy. I think his presentation was excellent. I just wanted to say that I appreciate the way he handled it. It was friendly, and he did a good job handling the audience. Mayor Resnik stated I too congratulate Mr. Couzzo for bringing that Tropic Vista expansion. I think Mr. Couzzo will be pursuing that very quickly. Council Member Capretta stated I want to share with the Council I have received many calls over a TECCA meeting, and information came out that we are about to liberalize boats, campers and trailers. I don't know how this meeting got turned around backward, and I think someday we have to clarify and implement that. I can tell you it created a little turmoil. Council Member Watkins stated I don't know how it got convoluted, the discussion about the boats and RVs. I told them the Village would be addressing the codes and they need to prepare. I thought the board should be aware they were looked at. My impression at the time it was going to happen fairly rapidly in • the summer. Nothing is going to be enacted. 7 • Village Manager Couzzo stated we are moving forward with that. There was an issue with a recreation vehicle. The Special Master found they were not in violation because they have some creative vegetation on the side. Council Member Genco stated this sounds to me the Country Club is trying to increase the restriction over and above what we use for the rest of the Village. Village Manager Couzzo stated people park boats with bridges on them, and I am of the opinion that may not have been the intent of the property. Years ago they didn't have boats as big as they do today. We are not looking at just the Country Club. We will bring back draft language. Mayor Resnik stated if the Country Club President has a problem, he should go up to Jeff Newell and see what he says about things. Council Member Genco stated I have heard from people in the Country Club. Mayor Resnik stated I have one comment, and I feel it is important. The Council held its first Planning Budget Workshop on 1 July. One resident came, Ginny von Frank. Village Staff was here, Council was here. I am going to give you a little upshot on that meeting. The purpose was to have the Village Manager give his • planning on the 2004/2005 Budget with emphasis on the intensity of this subject. Rising personnel costs based on the need. On a positive side, the presentation was excellent. He presented a plan for construction of Village Hall, using existing funds, no added debt, and he already has the design process going. This is a phased plan for Jupiter. That is going to be built also with funds in the Water Utility Reserve. He developed a balanced budget and hopefully a millage rate reduction. His budget includes an addition to the Village Recreation Center. I say this because I think preparation of this budget plan was well done by Mr. Couzzo, senior staff and department heads. I personally want to thank Village Manager Couzzo for all he is doing and has done, and my thanks to his outstanding work. Council Member Genco stated she received the monthly water usage report. We have a contract with Jupiter, and it appears we are purchasing more water from Jupiter and less water is pumping from our plant. Village Manager Couzzo mentioned it was our intent to decrease it. Seven days from today is the day we actually separate our systems. Council Member Genco remarked we received another anonymous letter from Tequesta's own KKK. Their agenda does not meet that of the Council. It is very ugly. • Mayor Resnik stated cowards never attend these meetings. IX. NEW BUSINESS A. Resolution No. 37-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a bid award for the sale of Village Property on Bridge Road-Parcel 1, according to the Plat of Tequesta Village Center as recorded in Plat Book 91, page 162-163, Public Records of Palm Beach County, Florida-to Tequesta Corporate Center, Tequesta, Florida, Louis Feibel, Trustee, in the amount of $520,000, and authorizing the Village Manager to execute the applicable contract on behalf of the V illage.-Village Manager Michael R. Couzzo, Jr. Village Attorney Hawkins remarked what I would recommend, in lieu of a resolution, is a motion authorizing the Village Manager and Village Council to negotiate the contract for sale to Tequesta Corporate Center, Louis Feibel Trustee. Real estate contracts have various parts, I believe it is more prudent for the Village to have a contract-we are trying to move forward. I think it is prudent to be explicit whenever you are dealing with a real estate contract. Council Member Capretta stated we have to make sure the • language you desire is very explicit. Council Member Genco asked in negotiating this contract, is it possible, like we did with the other parcel, is it realistic to have them come back with a plan of what they are going to do, or a time frame? Council Member Capretta stated we have been sitting on this land. Village Manager Couzzo stated Harriet Smith is in the audience, she represents the potential buyers in this matter, maybe she can come up. Harriet Smith, Tequesta, Smith Realty, Mr. Feibel is the trustee in this transaction for the owners of Tequesta Corporate Center. Unfortunately, Mr. Feibel was unable to attend. Council Member Capretta noted we wanted to know the intent, we wanted to know the schedule, and we would like to assure it is going to be utilized in a timely manner. • Village Attorney Hawkins stated my recommendation is we get it done, get it done quickly. You need to get your contract done. 9 • Village Manager Couzzo stated I did meet with one of the principals and Mrs. Smith, who are the prospective buyers, discussed a variety of potential options. I was assured there was intent to improve it and make it up to par. It is in their best interest to have it look presentable. Council Member Genco stated if we decide we don't want to sell it tonight, we have to have an idea of what we want to do with the property. Village Attorney Hawkins suggested they act on the motion made before you. MOTION: Council Member Genco moved to authorize the manager to negotiate the sale of parcel 1 to the high bidder, Tequesta Corporate Center, Inc., Louis Feibel, Trustee. Seconded by Vice Mayor von Frank. Council Member Capretta stated you could argue that if we wanted to we could have said we'll take a bid providing the buyer does what we want on the property. Now we have nothing because we don't own anything. • Council Member Genco I motioned and von Frank seconded, now it open for discussion. If the Village is so concerned about that, it seems as if that is the concern with selling the property in the first place, if we are only sell it for the reason of "no" on building a Village Hall, we could designate it as a park and file a Comp. Plan change. We chose not to look at that alternative. Now we are selling it at a market price, which is fair. There is no reason we could not negotiate that. I could amend my motion to state that we would like to have that, unless the other party decides to accept or withdrawal their bid. Council Member Capretta stated we have control over what they can do with our zoning law, but not when they could do it. I think it is appropriate we take one or two courses tonight. One he has to act at a certain date-don't approve it unless we have the opportunity to have this discussion with him. Village Attorney Hawkins stated if Council Member Genco includes that in her motion, we could negotiate in a time frame where it would be of interest. I sense the way it was written, as a government body, you could have certain milestones. • Council Member Capretta stated we could say we will not accept it tonight, and have the town manager negotiate a contract. 10 C] Council Member Watkins stated it does seem reasonable. Recess at approximately 8: SO p. m., return at approximately 9:00 p. m. Village Attorney Hawkins stated my recommendation dealt with the issue of how to effectuate the sale, not the political question of how you wish to sale or not sell. If you are interested in keeping the land, you have a right, through public notice to reject the bid. I can't give you a legal opinion, it looks as if you can reject my motion. We have had a motion, a second, a discussion. The motion is that the Village Council authorize the Village Manager and Village Council to negotiate the contract, Louis Feibel, and that the appropriate Village oj~cials be authorized to execute the contract. Roll call vote: Council Member Genco aye, Vice Mayor von Frank aye, Council Member Capretta nay, Council Member Watkins aye, Mayor Resnik aye. Motion carried 4-1. Village Attorney Hawkins mentioned we filed response and motion to resolve lis pendens and seeking attorney's fees in our response. We are evaluating our options. That specific claim has not been injected in the suit-also slander of title. B. First Reading-Ordinance No. _--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, ADOPTING THE FLORIDA BUILDING CODE, 2001 EDITION; INCLUDING A NEW SECTION 6-28 AOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2002 EDITION; INCLUDING A NEW SECTION 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 FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Community Development Director Jeffrey C. Newell Village Attorney Hawkins read the Ordinance by caption only. • Community Development Director Jeffery Newell stated Florida Building Code preempts all other code. The Palm Beach Amendment, 11 section 103 deals with the power of the building official. The national electric code 2002 is now in effect-June 30~`. As a procedure, the International Property Maintenance Code is a code to strengthen our abilities. We were currently looking at the property at 331 Country Club Drive. This particular code will strengthen our position in mitigation. MOTION: Vice Mayor von Frank moved to approve the Ordinance on first reading. Seconded by Council Member Watkins. Motion carried S-0. C. Resolution No. 36-02/03-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, in the original amount of $61,941.38, to add $49,573.00 for Streetlight Conduit Extension on Pinetree Drive and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Funds have been appropriated, budgeted and are available in Capital Projects Fund Account No. 303-399-663.661. Public Works Director Gary Preston Village Attorney Hawkins read Resolution No. 36-02/03 by caption only. MOTION: Vice-Mayor von Frank moved to approve, seconded by Council Member Watkins. Motion carried 5-0. D. Discussion to see if Village Council would be amenable to concessions at Constitution Park -Director of Parks and Recreation Greg Corbitt Parks and Recreation Director Corbitt stated we have a lot of new activity at Constitution Park, and staff came to me and suggested we establish some type of concession at the park. We noticed a lot of skaters go to Stop and Shop and purchase foods. We want nothing permanent, just a hot dog stand, drinks, Gatorade, and snacks available to visitors to the park in general. It would be nice to have refreshments available to them. Location in Constitution Park and hours would be thought out. There would be a monthly fee paid to the Village of Tequesta per contract. As far as service options, the assignee would be responsible. I just wanted to get some feedback. Council Member von Frank remarked I would like to hear from Mr. Newell. Community Development Director Newell mentioned it was upon my recommendation that he bring this before Council. If you are amenable, we will go through the finer details. The thought was to get your guidance • to see if you would consider this. 12 • Council Member Genco commented I like the idea, I would like it to be nonexclusive. Council Member Watkins said it is obvious, bottled water, we might as well take advantage of this. Is $200 a month a good deal? Parks and Recreation Director Corbitt stated there may be months where he makes $1000 or only $200. Council Member Capretta asked have you ever tried that at Tequesta Park, or ever thought of it? Council Member Genco mentioned everything sold should be plastic. Council Member Capretta said I think it would require a little management to make sure you don't have a problem. Would you have to give this vendor a contract? Parks and Recreation Director Corbitt stated asix-month contract. Village Manager Couzzo asked to let us develop it a little more and bring • it back to you and incorporate Council's comments. E. Resolution No. 38-02103-A Resolution of the Village Council of the Village of Tequesta, Florida, setting the proposed ad valorem millage rate for the Village of Tequesta for Fiscal Year 2003/2004 at a millage rate of 6.4980 mils per $1000 of assessed value, and the computed rolled-back millage rate of 6.0666 mils per $1000 of assessed value. Village Attorney Hawkins read Resolution No. 38-02/03 by caption only. MOTION: Vice Mayor von Frank moved to approve Resolution No. 38-02/03, Seconded by Council Member Genco. Motion carried S-0. X. ANY OTHER MATTERS Mayor Resnik stated the Village Manager received a letter from Paul Beresford requesting to purchase the flagpole no longer in use at 357 Tequesta Drive. He asked if he could be advised if this is possible. What the best method would be to permit him to address this request. Consensus authorized the Village Manager to look into it. Village Manager Couzzo stated they could declare it surplus. 13 • MOTION: Council Member Capretta declared the flagpole as surplus, Vice Mayor von Frank seconded Motion carried 5-0. XI. ADJOURNMENT Meeting adjourned at 9.' 12 p. m. • 14