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HomeMy WebLinkAboutMinutes_Regular_04/10/2003y. A 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 APRIL 10, 2003 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 Thursday, Apri110, 2003. The meeting was called to order at 7:02 p.m. by the Village Clerk. A roll call was taken by Mary Miles, Village Clerk. Councilmembers 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 John C. Randolph, Village Clerk Mary Miles, and Department Heads. II. Invocation and Pledge of Allegiance Councilmember Genco led the pledge of allegiance to the flag. At Councilmember Genco's request, the invocation was a moment of silence, observed to remember the people in the armed services and the blessings that this country had, and the hope that differences might be resolved internationally and locally. III. Approval of Agenda Councilmember Genco requested that items L, P and Q be stricken from the Consent Agenda. Village Attorney Randolph requested discussion under Any Other Matters of a special meeting for a public hearing pursuant to the disposition of the water system being sold to Jupiter pursuant to the interlocal agreement. Councilmember Watkins requested addition of three items under Any Other Matters: (1) to express her appreciation, (2) to read a letter into the record, and (3) a matter requested by the TECCA Board. Mayor Resnik requested under Any Other Matters discussion of council member comments at each meeting. Opening remarks by Mayor Resnik: The Mayor stated that he regretted and apologized that a citizen had used offensive language at the March council meeting and stated in the strongest terms that such language would not be condoned in Council chambers in the future. Mayor Resnik commented that this council has five responsible Tequesta Recycled Paper Village Council _ Meeting Minutes April io, 2003 Page 2 ----------------------- residents serving and they had worked together well last year. With the addition of Councilmember Watkins, the Mayor stated he looked forward to also doing so this year, and that accordingly, during his term as Mayor he would continue to conduct the Council meetings in accordance with the principles of parliamentary procedure, with civility, dignity in the conduct of business, respect for each Council member and their individual positions on issues, focus on responsible decisions to benefit the Village and residents, and unity in acceptance and support of Council decisions once rendered. Mayor Resnik asked each of his colleagues on the Council to join him by doing the same and to continue to work together in a spirit of harmony and commitment that befits our Council, and stated he intended to do his best to live up to that. The motion to approve the agenda with the requested modifications was made following the Presentations item. MOTION: Vice Mayor von Frank made a motion to approve the Agenda as amended. Councilmember Watkins seconded the motion, which carried by unanimous 5-0 vote. IV. Presentations A. Presentation of updates and utility issues in Southern Martin County by Martin County Commissioner Lee Weberman Mayor Resnik welcomed Commissioner Weberman, stating he was a graduate of Lawrence Institute of Technology, had been elected to the Martin County Commission in 2000, and some of his goals were to improve youth, elderly, and veterans programs and protect natural resources for the people. Commissioner Weberman noted that his district covered the southern section of Martin County from Lake Okeechobee to Jupiter Island, essentially the southern third of Martin County. Commissioner Weberman apologized for not coming sooner and invited the Village to call him if they ever wanted him to come regarding specific issues. Commissioner Weberman commented there were some issues that affected both jurisdictions-a lot of Martin County residents used Country Club Drive, County Line Road and Tequesta Park were issues, and there were some utility issues. Commissioner Weberman commented that they were investigating expanding services from Tequesta for a subdivision called Tropic Vista, that the two staffs were working well together. Martin County residents had requested the 2S percent surcharge for non-Tequesta residents be waived, but he understood that would be hard to do, and requested that the Village would continue their high quality of services. Mayor Resnik asked what the prospect was of connecting County Line Road to the north Vll~age COUnC11 Meeting Minutes April io, 2003 Page 3 ----------------------- end of Country Club Drive to provide another route for people wanting to get to U.S. One but not to shop in Tequesta. The Mayor commented that the Village did not want to discourage people from coming in to use the stores but did want to discourage people cutting through just to get to US One to go somewhere else, which would be a problem in the next 2-3 years with the County building the western corridor from Indiantown Road to the Martin County line. Mayor Resnik noted in his last discussion on this matter there were no plans by Martin County to connect the roads and it was only about a quarter of a mile to connect County Line Road with Country Club Drive. Mayor Resnik commented he realized in the 90's that the Little Club residents absolutely were 100% against it. Mayor Resnik asked Commissioner Weberman, please, before the western corridor got in and people started cutting around from Indiantown Road that there be an alternate means for people to get to U. S. One. Commissioner Weberman responded they could not get consensus from the Martin County residents on this, and if they could there would be tremendous environmental issues of acquiring lands from the State park, going through wetlands, etc. Mr. Weberman commented that once the western corridor was done, the natural fear of Tequesta and Martin County residents was that a lot of bypass traffic would try to use the new road to shortcut to U.S. One, but expressed his own opinion they would do it one time and get discouraged, and there were no attractors such as gas stations, shops, facilities. Commissioner Weberman stated he had tried to get consensus, but stated there was no consensus among the residents. Councilmember Genco commented she hoped that some Commissioner would see it was in the public interest and would serve more people to put a road through there. Councilmember Genco noted the road easement had been there more than thirty years, and environmental assessments had been done and there were no environmentally sensitive lands or easements that would be affected. Councilmember Genco stated that the right of ways and easements from where the road would be built had a lot of setback and a good buffer could be developed in that area so that the condo owners might not object to it, and stated she would greatly appreciate it if someone would champion the cause. Commissioner Weberman responded depending on how one measured public opinion he did not believe consensus could be reached in Martin County, and he did not draw the same conclusions as others that going through the State park was more valuable than a couple of bypass vehicles. Commissioner Weberman indicated he did not see the same numbers suggested by others of people using the western corridor into Martin County and then turning back and cutting through Tequesta. Mayor Resnik stated during deliberations in the mid-90's there were a couple of people in the affected homes who were engineers and they developed a plan for buffering but it still met with absolute resistance from the condo owners, but expressed his opinion that there was a way the condo owners could be protected if they got away from their negative attitude. ~• Commissioner Weberman commented if there was a road that made it quicker and easier to use the bypass it might serve as an attractor and have the opposite effect than that Village Council Meeting Minutes April io, 2003 Page 4 ----------------------- wanted by the Village, which is not to have through traffic in Tequesta and Martin County but to have through traffic on U.S. One and on Indiantown Road. Commissioner Weberman commented he was sure this would be revisited by whoever ran against him next yeaz. Jim Humpage, Dover Road, asked since the Commissioner wanted to negotiate the 25% water surcharge if he could add into the equation a 25% surchazge for assistance with maintenance for Country Club Drive. A member of the audience suggested blocking off Turtle Creek to alleviate some traffic. Mr. Weberman responded that had been talked about for many years but consensus would never be reached. Council member Capretta commented studies had been made on the number of Martin County residents that used Tequesta Pazk, and in the past Martin County had been asked to contribute to the maintenance of the pazk, and that did not have the political baggage that the connector road did. Councilmember Capretta suggested the next capital project at the pazk be paid for by Martin County and their name put on it; or that they pay a percentage of the annual maintenance. Mr. Weberman responded he had met with former Mayor Genco and the Village Manager, and he was not opposed but a survey needed to be done by Martin County and Tequesta staffs that would be legally defensible and could be applied to Martin County's comprehensive plan. Mr. Weberman suggested that the Council might want to direct Village Manager Couzzo to meet with the Martin County Pazks Department on this matter. Councilmember Capretta commented he followed Mr. Weberman's point, and he believed it could be worked out. Dottie Campbell commented the connector road was not a new road, that it had been closed overnight in the eazly 1970's. Ms. Campbell commented it made a big difference to the people who lived there and the homeowners were there first. Ms. Campbell commented maybe there could be an agreement-for 10 years run it by the homes, for the next 10 run it by the condos-but what was going on was not fair and she hoped it would be looked at again. Commissioner Weberman commented this issue was not going to go away, but he could not get consensus, and asked that the objective be considered. If the objective was to move traffic faster, he thought the objective for the homeowners was they were suffering impacts of through traffic but if a road was actually built there then people who did not live in Little Club would view it as a shortcut and it might attract more traffic to all the roads. Commissioner Weberman thanked the Village for having him and for everyone being civil, and asked that he be called for future issues. B. Presentation to Chief Water Plant Operator Roy Fallon, for receiving the distinction of "Best Operated Water Plant, Class B" Mayor Resnik explained that in March, 2003 the Tequesta Water Plant had received this • award for the best operated water plant Class B in Region 6, following evaluation by contemporaries based upon compliance, finished product, maintenance, safety, and overall appearance of the facility. The Mayor presented Roy Fallon with a plaque on Village Council Meeting Minutes April io, 2003 Page 5 ----------------------- behalf of the Village and thanked him for his service and that of his employees. The Mayor commented he had visited the plant at least twice during the past year and the water plant was immaculate, well preserved, and well maintained. C. Presentation regarding the Safety Awareness Seminar Police Department Chaplain, Reverend Paul Beresford, personally invited the Council members to attend a safety awareness seminar to include presentations, dinner and music on Apri130 at 5 p.m. Presentations would be given by Officer Bob Worcester on what to teach a child to do if they found a firearm; by Officer Brian Youngblood on Internet safety, and by Paramedic Peter Allen on how to deal with a home fire. D. Proclamation of Civility provided by the Bar Association Mayor Resnik read into the record the Proclamation of Civility for the month of May, 2003, which was passed and adopted by consensus. V. Consent A enda g MOTION: Councilmember Genco made a motion to approve the Consent Agenda with items I,, P and Q pulled. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved: A. Village Council Regular Meeting Minutes of March 11, 2003. B. Community Appearance Board Meeting Minutes of January 22, 2003. C. Parks and Recreation Advisory Board Meeting Minutes of February 5, 2003. D. Tequesta Public Safety Officers' Pension Trust Fund Board of Trustees Meeting of February 24, 2003-Village Clerk Mary Miles E. Tequesta General Employees Pension Trust Fund Board of Trustees Meeting of February 24, 2002-Village CZerkMaryMiles F. Joint Meeting of Tequesta General Employees Pension Trust Fund and Tequesta Public Safety Officers Pension Trust Fund Boards of Trustees Meeting Minutes of February 24, 2003-Village Clerk Mary Miles Village Council Meeting Minutes April io, Zoo3 Page 6 ----------------------- G. Special Master Code Enforcement Hearing Minutes of February 27, 2003- Village Clerk Mary Miles H. Architectural Selection Committee Meeting Minutes of February 20, 2003- Village Clerk Mary Miles I. Architectural Selection Committee Meeting Minutes of March 18, 2003-Village Clerk Mary Miles J. Architectural Selection Committee Meeting Minutes of March 24, 2003- Village Clerk Mary Miles K. Declaring the Week of May 18-24, 2003 as Emergency Medical Services Week in the Village of Tequesta Fire Chief James M. Weinand M. Resolution No. 26-02103-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding A Contract to Wynn & Sons Environmental Construction, Inc., of West Palm Beach, Florida, in the amount of $34,954.10 from account number 301-313-663.652 for Country Club Drive Pathway overlay and reconstruction, having a FY 2002/2003 Capital Improvement Fund Allocation of $38,000 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Staff.-Village Manager Michael R. Couzzo, Jr. N. Resolution No. 27-02!03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the purchase of communication equipment to allow our paramedics and EMT's to communicate with the hospitals using the Palm Beach County 800 MHz radio system, in the amount of $19,997.00, from Motorola, Inc., Sunrise, Florida, with funds being appropriated from the Fire Department EMS Budget Capital Outlay account number 001-193-564-600, which has a FY 2002/2003 budget allocation of • $20,021.00. Fire Chief James M. Weinand Village Council Meeting Minutes April io, 2003 Page ~ ----------------------- O. Resolution No. 28-02/03--A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving an Interlocal Agreement between Palm Beach County and the Village of Tequesta for the Purpose of Providing 800 MHz Radio Interoperability and Authorizing the Mayor to Execute the Same on Behalf of the Village. Fire Chief James M. Weinand R. Ratification by Village Council of appointment of Edward Sabin as Trustee of Public Safety Pension Board Fire Chief James Weinand, Chairman of Public Safety Pension Trust Fund Board of Trustees S. Ratification of contracts for the Month of March 2003 pursuant to Village Charter Section 3.03 (9}.-Village Clerk Mary Miles Items Pulled from Consent Agenda to be discussed separately L. Approval of budget adjustment from the Fire Department, initiated by a donation from the American Heart Association to purchase a Heartsaver/AED. Councilmember Genco commented she had pulled this to discuss something nice that happened-the Village had a donation from the American Heart Association for a Heartsaver/AED. Fire Chief James Weinand explained that an AED was an automatic external defibrillator, used when someone went into cardiac arrest. The donation had been for an AED to be kept at the Village Council chambers, and when purchased, the American Heart Association would be invited to come present the donation. MOTION: Councilmember Genco made a motion to approve item L of the Consent Agenda. Councilmember Capretta seconded the motion, which carried by unanimous 5-0 vote. P. Resolution No. 31-02/03 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a contract to Cable Constructors, Inc., of Haines City, Florida, in the amount of $61,941.38, for water main extension and low pressure sewer system improvements on Pinetree • Drive, having a FY 2002/2003 Capital Improvement Fund #401-412-663.611 allocation of $45,000.00 with the balance being paid by the Loxahatchee River Village Council Meeting Minutes April io, 2003 Page 8 ----------------------- District, and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Councilmember Genco indicated she had pulled this item because she was confused. She understood this was the water main extension for Pinetree Drive area which ENCON would be sewering with cost to the Village of $61,941.38. She understood that ENCON would be refunding to the Village $16,941, and was trying to understand why the Village had that accommodation from ENCON and how many homes would be served. Village Manager Couzzo responded that eleven homes would be served and ENCON had requested to come in on the Village's bid to do it jointly instead of tearing up the road twice. Mr. Couzzo explained the Village had gone out to bid on this previously and had only received one bid, and the bid was approximately $110,000 so the Village had elected to go out for bid again. As the work progressed with ENCON they would be billed on a prorated basis. Councilmember Genco commented it was great ENCON was going to share in the expense since both would use the same contractor. • MOTION: Councilmember Genco made a motion to approve item P of the Consent Agenda. Councilmember Capretta seconded the motion, which carried by unanimous 5-0 vote. Q. Resolution No. 32-02/03 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a National Pollutant Discharge Elimination System (NPDES) Second Term Permit Interlocal Agreement between the Northern Palm Beach County Improvement District and the Village of Tequesta Councilmember Genco commented that re-doing this agreement essentially meant the Village would continue to pay a fee to the administrator of the program, which was Northern Palm Beach County Improvement District, and she was wondering if there was any kind of rebate the Village would be getting for any construction of the NPDES system. Village Manager Couzzo explained it was for work indicated in the contract, that the Village was co-permittee, page 4, section 5, and it would be reviewed during the budget process. Unfortunately, Mr. White could not be present tonight and the Village Manager did not know the total amount of fees. Councilmember Genco stated she would be interested in knowing because the Council was considering approval. A copy of the budget was consulted, but that fee was not broken down. Village Council Meeting Minutes April io, aoo3 Page 9 ----------------------- MOTION: Councilmember Genco made a motion to table item Q, Resolution No. 32-02/03 to the next meeting so that the cost could be presented. Councilmember Capretta seconded the motion, which carried by unanimous 5-0 vote. Village Manager Couzzo announced for those interested that the Country Club Drive Pathway project had been approved as item M on the consent agenda, and that work would be started within a short time. VI. Development Matters A. Replat Review of an application from Riverside Oaks, LLC by the Spear River Corporation for the property located on the north side of Riverside Drive along Magnolia within the R-1, Single Family Zoning District of the Village of Tequesta. • JeffNewell, Director of Community Development, reported that Riverside Oaks was commonly known as the Rood property, and explained that a lake was located in the northern portion of the subdivision with a lake easement, which was a common area. The applicant was requesting to move the rear property lines together, which would affect eight lots in this 12-lot subdivision. Certain lots would gain 1,500 square feet and the corner lots would gain approximately 3,000 square feet. Mr. Newell explained that the Village of Tequesta has access rights to this easement. After review by staff, no adverse effect whatsoever was found in the subdivision or infrastructure in place, and the Village and Northern Palm Beach County Improvement District would still have access to the lake easement. The change was that these lots would gain more square footage. Councilmember Genco commented that the property owners would then own a dedicated easement and asked what that meant to the Village. Village Attorney Randolph advised that the documents indicated that Village of Tequesta and others would have access far maintenance purposes to that area if it was their jurisdiction. Mr. Newell commented that the documents made it clear if the homeowner put up a fence and the Village removed it for a maintenance event, the homeowner would be responsible. Councilmember Genco commented that area flooded when it stormed and the Village had used the easements for other purposes, but not adjacent to the waterway. Councilmember Genco commented that fences would restrict water flow, which would impede the purpose since the lakes were really retention ponds. Mr. David Spears, agent for the • applicant, stated they would include in the documents restrictions on fences in the easement area. Councilmember Genco proposed an amendment restricting fences in the easement area. Village Council Meeting Minutes April io, 2003 Page io ----------------------- MOTION: Councilmember Genco made a motion to approve the replat application from Riverside Oaks, LLC with addition of an amendment to the homeowners documents to prohibit fences in the easement area and on the waterway side of the easement. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. VII. Communications from Citizens John Roberson, 119 Country Club Drive, Tequesta resident since 1969, proposed that the Village Council consider an ordinance to segregate parking in lots between large vehicles such as trucks and SUV's and smaller cars. Mr. Roberson stated he taught a safety course through AARP, and they covered a wide variety of safety issues, one of which was driving in large parking lots and the inherent danger of those lots. Almost invariably, someone in the class recommended segregating the parking. The recommendation was that when you are in a car • and trying to maneuver, particularly backing out, you can't see anything with a large SUV on each side. The stress of driving was increased in these situations. Mr. Roberson proposed that when there were several Lanes of traffic they be designated for car lanes and for truck, SiJV, and van lanes. Mayor Resnik commented this would have to be done by an ordinance which would impose parking space controls on private property. Village Attorney Randolph advised that the only way this could be done would be to change zoning in regard to new development applications that came before the Village Council; they could not do it for already approved properties with parking already in place, unless those properties were being modified. Discussion ensued. The Village attorney commented it might be made retroactive by having an amortization period in the ordinance but that got complicated. Village Attorney Randolph advised that the Village Council might attempt to impose it in a condition during a site plan review but it would be better to have it in the zoning code stated specifically or a general statement indicating that the developer shall give consideration to it. Councilmember Genco suggested if someone came into modify the K-Mart center the Council might make that a condition and if it worked out then consider a zoning change. Councilmember Watkins suggested designating certain spaces for more compact cars as was done at the airport for the few people who might like to do this. The Village Attorney indicated that could be done through a the zoning ordinance or through a site plan review process. Councilmember Capretta expressed his opinion that since the Village was pretty well built out that the police department evaluate this and if they concurred it was a good idea, to have them write to the parking lot owners to recommend it and suggest the next time they re-striped their parking lot • to do it in this way, since he believed if it was mandatory the Village would get nowhere. Councilmember Capretta commented if one wanted to get results and make the parking lots safer, it could be done in this way, and he thought it was a little late to do anything Village Council Meeting Minutes April io, Zoo3 Page li ----------------------- retroactively. Vice Mayor von Frank commented he parked in disability, and there was frequently a SUV parked next to him. Mr. Roberson commented if he could be of assistance he would be willing to help. Mayor Resnik commented it should apply to any parking lot with a lot of lanes. Dottie Campbell and Cyrese Colbert asked if this would apply to condos and churches, to which Mayor Resnik responded, yes, that it would be subject to all owners if the Village did as Councihnember Capretta had suggested. Dottie Campbell stated if a committee or group or study was done she would like to be a part of it. A member of the audience commented Tequesta Gardens condo where he lived had passed a by-law change restricting the size of vehicles for parking. Discussion ensued. Peggy Verhoeven commented this concept was wonderful, and suggested starting with large projects such as the Publix parking lot. A member of the audience commented he favored safety and was interested in how many accidents there had been, but thought this approach was wrong, that he worked for a company and they had not had any accidents, and there was plenty of room. Mayor Resnik advised that the Police Chief and Village Manager would look into this matter to determine how best to accomplish this. A member of the audience asked if this could be legally mandated, to which the Village Attorney responded after a study was conducted to see if it • was viable, then the Village would contact property owners to see if they wanted to do it voluntarily; or the Village could legally change the zoning code to require new developments to make larger parking spaces, but that would not just be by ordinance. Ward Berthoff, 331 Tequesta Drive, reported there had been an excellent concert in the pazk on March 30`~ and it would be better for the band if kids were prohibited from shooting baskets in that area during performances. Mayor Resnik requested the Village Manager look at whether some activities should be prohibited during concerts. Wade Driest. 494 Dover Road, commented on the Siegel case, that you could picture a young couple with a brand new home to them, fixing it up and spending a lot of money on it, and living to the north and west of the Siegel property, wondering why their property should be devalued because the Siegels were not taking care of their property. Mr. Driest commented he had given the Village pictures, but it was like a jungle, harboring some new varmints, and it was difficult to understand why this matter wasn't cleared up. Mr. Driest suggested the Village clear it out and let Mrs. Siegel sue the Village, the residents would like to have something done, and there was a new odor, created by either a dead animal or an overfilled septic tank. Mr. Driest explained he had tried to take care of that by calling the Animal Rescue League, who indicated they could do nothing unless one of the animals had bitten him. Mr. Driest commented it devalued his property by 15%-20% and had been going on for 20 years and it was not fair to let it continue. Mayor Resnik agreed the Siegel property was an • eyesore, and commented he had asked the Village Attorney if the Village could clean it up and had been told no. Village Attorney Randolph advised if there were things in violation of the code such as length of grass, etc., the Village could cut it, and the Village Manager could Village Council Meeting Minutes April io, Zoo3 Page 12 ----------------------- look at it and determine if there were violations. Village Attorney Randolph reported there were many options, one of which was foreclosure, which the Village was pursuing and unfortunately took a long time. Mr. Randolph commented that one option even under the foreclosure, if the primary purpose was to have the property cleaned up, would be to reduce the lien or abate the lien to allow the property to be sold to someone who would clean it up. The Village Attorney reported there was a gentleman interested in purchasing the property but not with a $900,000 lien on it. Mr. Randolph commented that hopefully the Village could prevail in the foreclosure; however, Mrs. Siegel had been quite litigious on this, and in the past the Village had filed suits against the Siegels to attempt to abate what the Village felt was a public nuisance and the Village did not prevail on that. That was another option, another was attempting to go into clean up the property and take what might come. Mayor Resnik asked if the Village was authorized to clean up the property, to which the Village Attorney responded he did not know without looking at the property and making a determination there was a specific violation of the Village code. Councilmember Capretta asked how many times the Village had already done that; Mr. Griest responded the Siegals had been charged sixteen times. Councilmember Genco commented the only thing the Village had been able to cleanup • was the front of the property, and wanted to know when foreclosure was expected. The Village Attorney advised there was a hearing for the Village's motion for judgment on the pleadings in June, which had been set for this month but the judge it was assigned to had reassigned it to a different judge. Councilmember Genco asked if it could be expedited because it was a public nuisance. Mr. Randolph explained that first it had to be declared a public nuisance, which would require litigation in itself, and he believed the Health Department could make a determination that it was a public nuisance, although they had previously visited the property and he did not believe they declared it a public nuisance. Mayor Resnik requested that the Village Manager look into this and get the health department, police department, code enforcement, consult the code book, and do whatever had to be done to make the property safe and animal free. Mr. Griest commented there were so many rats there and when clearing started they would go to the other properties; December 23'~ three years ago he had submitted a photo to the judge of a rat running towards their property, and the whole neighborhood had been told to plug up their vents where rats could go. The Mayor asked where Mrs. Siegel was now, to which Mr. Griest responded as far as he knew she was living in the house with the blinds down and no lights. Mr. Griest commented it was not Mrs. Siegel he was talking about-it was the property, and if someone bought the house and did not clean up the property the Village would still have the same problem. Mayor Resnik commented he was under the impression that there had been volunteers offering to clean it up but she had refused. Mr. Griest advised that Mr. Humpage offered but had been refused. Councilmember Genco favored the Mayor's suggestion and to • become extremely aggressive with pursuing violations, and for the Village to get tougher because it was a health hazard. Mr. Crriest commented she used the poor sick old lady act but she was younger than him, and owned three properties, and her home was in Charleston, • Village Council Meeting Minutes April io, 2003 Page 13 ----------------------- South Carolina. Joe Hall, 159 Country Club Drive, asked for an update on the cost for assessment of the sewering and when it had to be paid. Mr. Hall was advised that the extension date was May 5~'. Mr. Hall reported he had hooked up to the sewers roughly two months ago and paid partial assessment for the part of the quarter, and today had received a bill for the next quarter which was 45% higher than stated in ENCON's first letter. Mr. Hall asked what involvement the Village had in this horrible increase. The Village Manager volunteered to have someone from ENCON come to the next meeting to explain the increase, with which the Mayor concurred. Discussion ensued. Mr. Couzzo announced a special meeting would be held possibly the following week, and the ENCON representative would be invited to that meeting. Mr. Hall commented ENCON's meeting was next Thursday, which he would attend, but was sure he would not get an answer. Pert Town. 364 Fairway North, requested revisiting the meeting where the Bank of America . representative talked about getting your own home improvement loan. The representative had said when ENCON took out their loan at 7% to pay for the sewering they had a prepayment penalty clause in their sewering contract, yet they offered to the Tequesta residents that they could pay that $7,427 up front but yet they could not pay offtheir loan. So with more people paying off the loan to get out of the 7%, was it possible they were raising their rates because people were paying that off, giving them money that they could invest at possibly 3% but were having to pay out at 7%. Ms. Town commented she had no idea if this was what they were doing but it could be looked into. VIII. New Business A. Designation of Village Councilmembers to Various Governmental Assemblies and Reappointment of Representative William D. Griffin and Alternate John H. Holton to the Palm Beach County Beaches and Shores Council Village Clerk Mary Miles reported a chart had been prepared of the various current and requested positions. Mayor Resnik indicated he would attend the intergovernmental coordination program. Councilmember Watkins indicated she would be the alternate for Chamber of Commerce. MOTION: Councilmember Genco made a motion to approve the chart of appointments to • various governmental assemblies as follows: Village Council Meeting Minutes April io, 2003 Page ~4 ----------------------- • [~[1VFRNMFNT01 d-SSEMBLIES' REPRESENTATION Governmental Assembt Re resentative Alternate Second Alternate Palm Beach County A. Pat Ed Resnik VACANT Lea ue of Cities Watkins Loxahatchee Council of Geraldine Genco VACANT VACANT Governments Palm Beach County William D. Griffin John H. Holton VACANT Beaches & Shores Council Loxahatchee River Mgt. Geraldine A. Genco VACANT VACANT Coordinatin Council PBC Ed Resnik VACANT N/A Intergovernmental Coordination Pro ram NAMAC -Police Edward D. Resnik Russell J. von N/A Frank NAMAC -Fire Russell J. von Edward D. Resnik N/A Frank JTJB Chamber Ed Resnik Pat Watkins VACANT Trustee Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. B. Request for Direction from Village Council on Benefit Changes to the Public Safety Pension Plan Fire Chief James Weinand commented he was addressing the Village Council as Chairman of the Pension Trust Fund, which was currently undergoing changes to conform to recent changes in the law. The benefits had slipped from those provided by the Florida Retirement System and he was seeking direction from the Village • Council as to what they would like to do regarding the change in vesting period, the COLA and the drop. Mayor Resnik asked the difference between what was mandatory that was being proposed, and what was optional. Chief Weinand Village Council Meeting Minutes April io, aoo3 Page 15 ----------------------- responded that these were all optional items. Mandatory items would be coming before the Council later. This was a comparison between the FRS and the Village plan, identifying the differences and seeking direction as to whether the Council wished to make any of these changes. Chief Weinand explained the differences had been identified at pension board level and an actuarial impact study was requested. The fund had an excess amount of money from the State for the proposed items. During discussion of the COLA, Chief Weinand advised that there was enough to cover the police but the impact to the city would be $78,000 for the firefighters. Mayor Resnik commented the COLA would vary with the CPI, and he did not believe it would be fair to put in a standard amount if all employees did not get the same thing. Mayor Resnik expressed his opinion that this should be addressed during the budget cycle and not at this particular time; and asked if there was a projection ofhow long the impact of the other items would remain at zero. Chief Weinand commented he did not get a straight answer from Mr. Palmquist, the actuary, on this and the 3% COLA had been chosen because that was the amount given by the State. • Councilmember Genco commented it would save legal costs to do this now; that the pension plan was seriously out of date and part of the revision included changes in benefits. Councilmember Genco commented there was one document addressing fire and police and another for general employees, each with its own benefits, and attempts were being made to make them consistent. Councilmember Genco commented that she favored giving public safety more benefits because there is higher risk involved in their work. Funds from the insurance division and excise taxes could be allowed to accrue and to give that class of employee more benefits. Councilmember Genco explained that the actuarial tables provided were for an 8-year period for people currently enrolled, and if more people were enrolled the benefit could change. FRS did offer cost of living increase to public safety and she knew the Village would like to do that but questioned if they could do it because of the cost to the Village. Councilmember Genco commented the general employees were basically just looking for a change in vesting period to six years and there was no problem with that. Councilmember Genco explained that this was not the type ofCOLAthe Village would want to adopt because there was a problem tying to an index and there might have to be a huge capital infusion-it could work in the Village's favor or against them. Councilmember Genco stated the Council needed to make the decision on policy so the attorney could go ahead and complete drafting the document and once this was done it could be brought back to the Village Council for final adoption. Chief Weinand commented when it was brought back an impact statement projecting an eight-year period would be included. Councilmember Capretta commented this was • a very serious subject with a big financial impact, and corporations did not give COLA benefits. Councilmember Capretta advised that the Village would not be able to afford this without a tax increase, and he believed what the Village paid the fire and Village Council Meeting Minutes April io, 2003 Page 16 ----------------------- police was a matter of being competitive. Councilmember Genco expressed her opinion that the only thing that would affect the Village long term was the COLA, that the other items would make them competitive with other governmental agencies, and she would be inclined to approve the other items. Councilmember Genco commented that she thought there was a potential down the road if the funds were left to accrue that self- funding might be possible. Mayor Resnik asked why the State couldn't do this, to which Councilmember Genco responded the Village was self- administering and the State would charge 18% administrative fee. Mayor Resnik asked if the village employees had the option legally to adopt the FRS. Police Officer Mike Momll, member of the bargaining unit for Fraternal Order of Police for Tequesta, explained the retirement situation had been negotiated in 1995 with the previous Village administration, and all new hires after July 1, 1996 were not in FRS, but the previous employees remained in FRS. Mr. Morrill explained benefits he would receive under FRS, and that the proposed benefits would bring the Village plan equal to FRS, which at the time of the 1995 renogiation the police and firefighters had . been assured their retirement would be equal to or better than the FRS, but that had not happened, and the Chapter 185 money was required by law to be put back into the police officers' benefits. Councilmember Genco commented since the union contract was coming up for negotiation that Mr. Morrill should keep his comments only to the memo and not speak as a union representative. Mr. Morrill requested, speaking for the police officers, that all changes be made to provide equity to all police and fire employees. Chief Weinand stated that the employees did not have an option to go to the FRS, that it was required they be in the Village system. Councilmember Capretta commented the Village Council had to look at projections longer than eight years and be very careful what they agreed to for the long term, really looking at the items that had a long range effect. Councilmember Genco commented she would like to see the attorney and pension boards go forward with revising the plan documents with everything incorporated at this time with the exception of the three percent cola, which she believed would make the Village competitive, and investing the insurance funds and excise tax money might provide enough to self-fund the COLA in a few years. Mayor Resnik asked if other communities had been looked at, to which the response was affirmative. Chief Weinand advised that the pension boards had the ability to add these items if the funds were available but he had wanted to get the Council's input because of the far-reaching impacts. Councilmember Genco commented most of the larger cities had COLA but their assets were greater. Councilmember Genco indicated that she could not make the recommendation to adopt the COLA but was comfortable with approving the other benefits, and • recommended those be adopted. Following further discussion, consensus of the Village Council was to do everything except the COLA. Village Council Meeting Minutes April io, Zoo3 Page i~ ----------------------- MOTION: Councilmember Capretta made a motion to instruct the attorney for the pension board to proceed with the study that needed to be made and present to the Village Council the impact so that they could change the language and update everything except the COLA in an amended document, and that a presentation with the amended document would be made to Village Council. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. C. Approval of Preliminary Budget Calendar Village Manager Couzzo suggested September 4 and September 18 for the public hearings, plus Village Council workshop or workshops. Mayor Resnik requested addition of a budget planning meeting in June before the budget was put together to cover the major aspects of what would be placed into the budget. Mayor Resnik indicated date decisions would be made at the next meeting. Village Manager Couzzo • indicated staff would coordinate with the individual Council members for a date in June. Mayor Resnik asked that everyone call the Village Manager so that dates for September could be coordinated before the next meeting, then the dates could just be approved at the meeting. No further action was required. D Discussion of possible action by Village Council regarding the sale of the southwest parcel of the Tequesta Village Center Councilmember Capretta commented 5-10 years ago the Council had a burning issue, to get rid of the old Publix shopping center, and had tried a lot of things but could get nothing done, and finally got John Zuccarelli to come in. It became a big issue whether the Village Hall should be built next to the current public safety building or whether it should be downtown, on which a decision was made by a fairly close vote. The understanding that the Village Council had with John Zuccarelli was that if they decided not to build the Village Hall downtown, they would sell him the property back; and he and his attorneys felt that he had never given up his right to buy back the property under the old agreement, and he would fight in court over that right. Councilmember Genco commented she thought Mr. Zuccarelli had done that and lost. Councilmember Capretta commented he was just reporting what Mr. Zuccarelli had told him again recently. Councilmember Capretta commented the Village had let that site sit empty now for several years and the public knew the Village did not need any • more stores or offices, the Village only needed people who would be the customers for the stores and businesses. Councilmember Capretta commented one could see what was popular in this Village since the DiVosta project, Centex Homes, and the Village Council Meeting Minutes April io, Zoo3 Page ~8 ----------------------- Florida Club had all sold like hotcakes. Councilmember Capretta advised that Mr. Zuccarelli believed he could built very high-end townhomes downtown and that it would be a good thing to do, and he thought people would like to see something on that property. Councilmember Genco commented that Councilmember Capretta was jumping ahead to the offer made by Mr. Zuccarelli instead of making a decision right now as to whether the Council wanted to sell the property. Councilmember Genco stated she understood that Mr. John Zuccarelli wanted to build condos on there, and Mr. Capretta was one of the councilmembers that had decided the best thing for the Village was to make that a commercial site, and spent a lot of money on behalf of the Village developing that plan. Now she was hearing that Mr. Capretta wanted to abandon it when it had cost $2.4 million and she thought it was absurd for him to have the Village maintain the landscaping, maintain the road, and pay for the lighting, and it was ridiculous for Mr. Capretta to even consider that as a trustee of the Village properties and monies. Mayor Resnik called for this to stop right now. Councilmember Genco stated she resented it because Mr. Capretta was the one who • said she was fiscally irresponsible. Mayor Resnik stated no one was irresponsible and no one was trying to say that. Mr. Capretta commented he thought he was addressing the subject of whether the Council wanted to sell the property and he was proceeding on that basis, and thought he had the floor. Councilmember Genco stated he had brought in the other. Mr. Capretta commented he was giving the history of it, that was all, and asked what happened to civility five minutes ago. Mayor Resnik stated this was civility month. Mayor Resnik asked if Councilmember Capretta. wanted to go on, to which the response was yes. Councilmember Capretta commented he thought the reason it was done was that it was what the people wanted and it was the right thing to do. In spite of all the bad blood and how much they did not like Mr. Zuccarelli, that was all water over the dam, and it was the right thing to do to build something this community needed and would want and people would buy, which would be upscale condominiums, and he thought that would fit in with the development, and he thought that would go over a lot better than empty lots. Councilmember Capretta expressed his opinion that the Council needed to make a decision on this because if they let it sit around again for years like it had been, next thing would be a new council and someone would suggest a new referendum for location of Village hall. Councilmember Capretta commented if a vote was taken on this right now, who knew what it would be. Councilmember Genco stated you've already arranged it? Councilmember Capretta commented if the Council knew what they wanted, let's do it. Councilmember Capretta commented we now know we are willing to do it, he thought the people wanted to do it, Mr. Zuccarelli had the money • to do it, and he would like to get it out of the way. Councilmember Capretta commented if you really wanted to be sure the Village hall went where the referendum indicated then if the lot was sold there was no place else to put it. Therefore, for Village Council Meeting Minutes April io, 2003 Page i9 ----------------------- those people who voted to put Village Hall on Tequesta Drive and to be sure some other council did not reverse that someday and have another referendum and sell the lot. Councilmember Capretta stated we are not hereto discuss the price but whether to sell the lot or not, that was all that was being addressed, and he said he wanted to sell it because that was what the council had agreed to do and that was best for the Village. Mayor Resnik stated that was what he wanted to do. Councilmember Genco left the meeting at 9:26 p.m. The Village Attorney stated that as he understood it the question tonight was not who the council wanted to sell the lot to but if they wanted to sell it, and requested they be very clear in that. Councilmember Watkins commented this issue was one of the predominant ones she heard when she was campaigning going door to door and several people had asked her if the issue of where Village hall should be should be revisited. Her response had been that was what the referendum was for and had the vote gone the other way, that would have been the decision. Councilmember Watkins stated that she personally had not seen a ground swell to undo that decision. Councilmember Watkins stated she had asked • many people during the last two weeks their opinion on this and overwhelmingly, she would say 99.9%, had said to sell the property whatever it took, that they hated looking at the property like it was. So, regardless of prior history or her personal preference, she had to agree with Councilmember Capretta that the thing to do was to sell it. Councilmember Genco returned at 9:29 p.m. Mayor Resnik commented that back in the 90's when he had attended Council meetings and the Council was looking at the eyesore of a strip mall that kept getting worse and worse, a decision had finally been made to come up with a Village Center concept, and during that period of time the sitting Council worked very hard to get renderings and pictures of what they called the Village Center would look with various types of buildings. Mayor Resnik commented whether the Village wanted to sell it or not they needed to think about what their vision was for that piece of land because it really looked terrible right now with a broken up driveway, some grass, some weeds, and one building. It had been the intent 5-6 years ago to build a Village Center there but it had not come about yet for various reasons which he was not going to go back into. Mayor Resnik commented he believed the only way the Village could get a cohesive development there was to have one developer-whether it was Zuccarelli or Centex, or whoever it was, instead of different developers putting in different types of buildings. Mayor Resnik commented someone might come in proposing a 2-story multi-car parking garage and if he owned the property he might be legally entitled to put that in under the zoning code. Mayor Resnik commented that what the Village wanted was to have a vision of what they wanted on the rest of that property where there was already one • building. Mayor Resnik stated he had been told by other real estate agents that it was ridiculous to look at putting more commercial property in the Village because they could not rent what they had. Councilmember Genco commented but they approved Village Council Meeting Minutes April io, 2003 Page 20 ----------------------- two new developments in the last two months and both developers were saying no problem renting the property and if you looked at the rest of the commercial property in the Village with the exception of K-Mart, they had tenants. As a matter of fact the building where Bank of America was had wanted to build a bigger building and Bank of America was thinking about tearing down the bank building, building a smaller bank and putting a Walgreen's there, which would be coming before the Council to approve. Councilmember Genco commented there had been a vision but it had only been for Village hall and to get that vision implemented the Village had spent $2.4 million because it had been seen as developing a commercial center for the Village. Councilmember Genco commented she would think that if the Village still wanted to go on with that, the Council should stick with their plan; it was not their fault that the developer wanted to charge $20 per square foot more than anyone else in the area so the building was vacant. If he could not rent it at that, he needed to rent it for a lower price. Let the market decide what is to be done. Councilmember Genco stated she did not think the Village should be involved any more with giving anybody a sweetheart deal and if they made a decision to sell the property they should put it out • for bid through a real estate agent and not do a deal with somebody. Councilmember Genco commented Mr. Zuccarelli had not rented the building he had now, and might build a 2-story condo which stayed empty because he wanted too much for it, and she could not deal with that. Vice Mayor von Frank questioned if all they were supposed to vote on was whether they wanted to sell it, to which Mayor Resnik responded, yes. MOTION: Vice Mayor von Frank made a motion to sell the southwest parcel of the Tequesta Village Center. Councilmember Watkins seconded the motion. Motion carried 4-1 with Councilmember Genco dissenting because she stated that all of the elements had not been discussed. Mayor Resnik stated at the next meeting it would be determined how they wanted to sell it. Councilmember Genco stated, so at the next meeting we will determine the mode we will take to sell the property, whether to do a deal with somebody or to put it out to a real estate agent. Mayor Resnik responded whatever it takes. Councilmember Capretta commented now the Council had decided they were definitely selling the lot. Mayor Resnik explained that the bottom line to this was to get something put in that the Village could be proud of, that would look nice, that will not be something that sits there like the vacant land right now. Councilmember Capretta stated it would be on the tax rolls. Mayor Resnik commented he did not care who developed it, he just wanted something put in there, that the Council had waited too long. Councilmember Genco stated the problem was the Village would be Village Council Meeting Minutes April io, 2003 Page 21 ----------------------- maintaining it. Mayor Resnik stated, so be it-sell it. E. Approval of Professional Services Contract with CH2MHi11 for Architectural and Engineering Services for Tequesta Village Hall Mayor Resnik explained that this was not a contract to build, but to prepare engineering plans and drawings. Village Manager Couzzo announced that the Village had gone through the process of selection to hire an architectural engineering firm for the Village Hall. The Selection Committee had interviewed four firms and ranked them, with Gee & Jenson being ranked highest. That committee was disbanded and a Negotiating Committee negotiated a contract with Gee & Jenson on March 18, 2003, that contract was before the Village Council this evening. The Negotiating Committee Chair had been Mr. Newell and the committee had consisted ofMs. Miles, Mr. Couzzo, Dan Gallagher, and Finance Director Jody Forsythe. Mr. Couzzo advised that $250,000 had been budgeted for this in this year's budget and approved • by the Village Council and that the complete design submitted by Gee & Jenson had been $239,000. During negotiations the committee persuaded Gee & Jenson to reduce their offer, and they reduced it to $187,500. Mayor Resnik noted in the milestone chart they had provided for construction of a Village Hall subsequent to their completion of the design and priced it accordingly. Mayor Resnik commented that it should be separated into whatever the design cost and then their projected price for engineering support during construction not necessarily next year. Village Manager Couzzo explained that in the contract there was a scope of services with five tasks from schematic design to construction documents and that would probably be the amount of work the Village would allow prior to having funds appropriated by the Council and a time frame to construct the building. Approximately $54,000 of the $187,500 would not be spent until such time that the bidding process and authorization to construct the project was authorized by the Council. The milestone chart would be amended to reflect the changes. Mr. Couzzo commended the committee on a great job. Mr. Couzzo advised that approving the contract would provide everything needed to go out to bid to build the project, and there would be a lot of planning to go into this. A public workshop would be held right away to find out their interests and find out the design that the community wants. Mr. Couzzo commented Gee & Jenson was the firm that built the public safety building, so they were intimately knowledgeable with the site, the construction materials, and all ofthe surroundings of that facility. Councilmember Genco commented this would start the process of getting public input into what the actual building design would be, once • that was done drawings would be made and it might take a year before ready to go out to bid to build the building. Councilmember Genco commented this would show good faith of the Council of doing what they had committed to plus the fact that if it Village Council Meeting Minutes April io, 2oog Page 22 ----------------------- was done now tying in other services could be seamless. MOTION: Councilmember Genco made a motion to approve the professional services contract with CH2MHi11 for Architectural and Engineering Services for Tequesta Village Hall. Vice Mayor von Frank seconded the motion. During discussion of the motion, Councilmember Watkins asked if there was a downside to delaying or not approving this at this time, and explained that another issue she had in campaigning was not to build a Village Hall until it could be paid for without a loan. Village Manager Couzzo commented that the advantage to doing it now was the contract negotiated by the committee was a very good contract and the fee structure was very good, and the whole process would have to be done again. Mr. Couzzo advised that up to the permitting and building phase it was about $140,000. Councilmember Capretta commented the only advantage he saw to designing it now and not building until later was the • Council was showing initiative, and costs would go up but the question was whether the Village wanted to bother to spend the money now not intending to build until 2 to 5 years. Mr. Couzzo commented the Council had appropriated funds this year and would have to rebudget if it were delayed. Councilmember Genco commented she believed the newer councilmembers would realize when going through the process it was highly likely in the nett two to three years that the Village would have the cash to build, and could probably be done in two years. Motion carried 3-2 with Councilmember Watkins and Councilmember Capretta opposed. X. Any Other Matters Village Attorney Randolph advised that pursuant to FS chapter 180 a public hearing was needed in regard to the interlocal agreement with Jupiter for the water sale to them, and suggested a meeting date of Apri123 at 5 p.m., to which the Council agreed by consensus. Councilmember Watkins expressed her sincere appreciation for the help she had received in familiarizing herselfwith this job from Mr. Couzzo and staff, and thanked ChiefAllison, Chief Weinand, and Chief Garlo for showing her the public safety building, and Reverend Beresford who she knew was praying for her. Councilmember Watkins read into the record her letter regarding citizens for responsible government, which has been attached hereto and made a part of these minutes. Councilmember Watkins reported she had attended the Tequesta • Country Club Association meeting where she had been requested to ask the Council for a waiver of the $55 fee for holding the association's meeting in this building. Councilmember Watkins commented that she personally believed that asking for a waiver the TECCA would Village Council Meeting Minutes April io, 2003 Page 23 ----------------------- not be fair to others. Mayor Resnik announced that at the next Council meeting he would poll each councilmember for any comments to the other members of the council for three minutes following Communications from Citizens on issues of interest not on the agenda Communications from Council XI. Adjournment MOTION: Councilmember Watkins moved that the meeting be adjourned Councilmember Genco seconded the motion, which carried by unanimous S-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 9: SS p. m. • DATE APPROVED: Respectfully submitted, ~.-; Mary Miles Village Clerk •