HomeMy WebLinkAboutMinutes_Regular_10/10/2002 r
v � � VILLAGE OF TEQUESTA
,'`� Post Office Box 3273 • 250 Tequesta Drive, Suite 300
' �� � Tequesta, Florida 33469-0273 • (561) 575-6200
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m ; �� Fax:(561) 575-6203
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MINUTES
REGULAR VILLAGE COUNCIL MEETING
VILLAGE OF TEQUESTA
THURSDAY, OCTOBER 10, 2002, 7:00 PM
399 SEABROOK ROAD
TEQUESTA, FLORIDA 33469
I. CALL TO ORDER AND ROLL CALL
The Village Council of the Village of Tequesta held a Regular Village Council
Meeting on October 10, 2002. Vice Mayor Capretta called the meeting to order
at 7:00 p.m., and th�e Village Clerk called the roll. MEMBERS PRESENT:
Council Member Edward D. Resnik, Council Member Russell J. von Frank, Vice
Mayor Joseph N. Capretta, and Council Member Basil E. Dalack. ABSENT:
Mayor Geraldine A Genco excused. ALSO PRESENT: Village Manager
Michael R. Couzzo, Village Attorney John Randolph, Village Clerk Mary
Wolcott, and Departrrnent Heads.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Capretta opened the meeting stating after 9-11 we appreciate the
people who keep us safe, our Police and Fire Rescue people, and now at last we
are opening a state-of-the-art new Public Safety Facility. He announced the
dedication ceremony 10:00 a.m. Saturday, October 19, the dinner dance
Thursday, October 17, and the golf tournament Monday, October 21.
III. APPROVAL OF AGENDA
Council Member Dalack requested to remove item IV. C. because per the Clerk,
DCA [Department of Conamunity Affairs] has not yet approved it.
Council Member Re;snik asked to swap items D and C under NEW BUSINESS.
Council Member vom Frank thanked Police and Fire Rescue for the reason he is
here today.
Vice Mayor Capretta mentioned that Police and Fire are overjoyed about having
this facility. They get to call and brag to their buddies who have ridiculed them
over the years.
Council Member Resnik remarked he has been here for 23 years and has been a
council member for s,ix months and realizes the freedom of dissent and need for
Recycled Paper
• stability. He mentioned in prior years past councils and managers worked for the
best of the Village, and some signed letters to the editor. Starting in 2002 there
have been unsigned letters written degrading and verbally attacking-the manner
in which they are written illuminates the authors intense dislike of certain council
members and areporter-I believe this anonymous approach is despicable and
makes the author totally irrelevant. I have been a member of the Council just over
six months. I have gotten to know and respect the Village Manager over the past
two years. He is hands on and welcomes the residents to meet with him on
Village concerns. I also now and respect the reporter as a true professional. I find
every council member to be dedicated, with a goal of keeping the Village the best
place to live in. We are respectable of our right to be independent. All are united
once a vote is made. And I look forward to the continued success of the Village.
Vice Mayor Capretta stated he has been on the Council for over 16 years. He
would say the Council is pretty effective in trying to represent the Village and get
things done. I think Mr. Couzzo has done an excellent job in his two years here.
There have always been council members that are committed. However, we get
into this issue of dissention and disagreement. I wanted city hall to be downtown,
we had a referendum and it is going to be in a different place. I work for the
people. I don't think being vicious and not respecting their opinions does. I see
in the audience people who have been to more meetings than I have. We have a
lot of people really interested in Tequesta. We have an election every year. The
• people that want to participate do so every year. We are now meeting in a real
hall. There are walls-it worked out almost better because the acoustics are better
than in the old Village Hall. We have a process in which we listen and react to,
and we welcome your ideas. The letter he was referring to had really attacked the
majority, the Mayor, Council Member Dalack, Council Member von Frank, and
the Village Manager. The people responding are the minority. We all try to
represent you people.
MOTION: Council Member Dalack moved to approve the agenda as amended;
seconded by Council Member Resnik. Motion carried 4-0.
IV. UNFINISHED BUSINESS
A. Ordinance No. 575-Second Reading-An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida,
amending the Comprehensive Plan of the Village of Tequesta, Florida in
accordance with the Local Government Comprehensive Planning and
Land Development Regulation Act, as amended, Adopting a Small Scale
Development Amendment to the Future Land Use Map in the area
designated on the attached exhibit, applying a Commercial Land Use
Classification to a portion of real property located at 801 U. S. Highway
One containing approximately 0.66 acres; providing for severability;
• providing for repeal of all ordinances in conflict; providing for
codification; providing an effective date. Planning Consultant Jack
Horniman
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• Village Attorney Randolph read Ordinance No. 575 by caption only.
Consultant Jack Horniman said last month the Village Council, sitting
as the Local Planning Agency, made recommendation to you as Council to
approve and you did that on first reading. The recommendation is to
approve the land use map change. It should be noted there is no change in
text. It is recommended that you approve this on second reading.
Taimor Carey (from audience) asked what type of building would be
raised there.
Consultant Jack Horniman responded that we don't know. Whatever is
permitted there can go in.
There was no Council comment.
MOTION: Council Member Resnik moved to approve Ordinance No. 575;
seconded by Council Member von Frank. Motion carried 4-0.
B. Ordinance No. 576-Second Reading-An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida, applying
a zoning designation to a portion of real property located at 801 U.S.
• Highway One to C-2 Community Commercial District; making certain
findings of fact; providing for revision of the Village Zoning Map;
providing for severability, and effective date and for other purposes.-
Planning Consultant .lack Horniman
Village Attorney Randolph read Ordinance No. 576 by caption only.
Consultant Jack Horniman stated again, this is the zoning for that
parcel.
There was no public comment.
There was no Council comment.
MOTION: Council Member Resnik moved to approve Ordinance No. 576;
seconded by Council Member von Frank. Motion carried 4-0.
• V. PRESENTATIONS AND PROCLAMATIONS
A. Proclamation declaring November as "NATIONAL EPILEPSY
AWARENESS MONTH."-Village Clerk Mary Wolcott
Consensus approved.
Village Clerk Wolcott read the Proclamation in its entirety.
B. Resolution No. 1-02/03-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, recognizing the
dedication and many contributions to the Village by Joseph N. Capretta;
thereby naming the Emergency Operations Center in the new Public
Safety Facility the "Joseph N. Capretta Emergency Operations Center."-
Councilmember Edward D. Resnik
Council Member Resnik read Resolution No. 1-02/03 in its entirety.
Vice Mayor Capretta stated his father was a police captain and his
grandfather was a sergeant, and they would be happy to see this.
VI. CONSENT AGENDA
A. Village Council Regular Meeting Minutes of September 12, 2002.
Village Clerk Mary Wolcott
B. BudgetfMillage Rate Public Hearing Minutes of September 12, 2002.-
Village Clerk Mary Wolcott
C. Local Planning Agency Hearing Minutes of September 12, 2002.-Village
Clerk Mary Wolcott
D. Parks and Recreation Advisory Board Meeting Minutes of June 5, 2002.
Village Clerk Mary Wolcott
E. Board of Adjustment Public Hearing Meeting Minutes of June 17, 2002.
Village Clerk Mary Wolcott
F. Community Appearance Board Meeting Minutes of August 14, 2002.
Village Clerk Mary Wolcott
G. Special Master Code Enforcement Hearing Minutes of August 22, 2002.-
Village Clerk Mary Wolcott
• H. Approve a one year contract extension for lawn and landscape
maintenance for area "A" to Rood Landscape Co., in the amount of
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• $95,222 having a FY 2003 budget allocation of $96,000. Public Works
Director Gary Preston
I. Approve a one year contract extension for lawn and landscape
maintenance for area "B" to Terracon Services, Inc., in the amount of
$58,080 having a FY 2003 budget allocation of $58,920. Public Works
Director Gary Preston
*J. Consideration of Approval of re-appointment of Jon Newman to a three-
year term as Board of Adjustment member beginning October 14, 2002.-
Village Clerk Mary Wolcott
MOTION: Council Member von Frank moved to approve the CONSENT
AGENDA; seconded by Council Member Dalack. Motion carried 4-0.
VII. COMMUNICATIONS FROM CITIZENS
Dorothy Campbell, 4 Tradewind Circle, remarked that there was an election on
Tuesday, November 5, 2002, and both precincts would be voting in the recreation
center. Use caution to be very careful in selecting on Amendment 10-one that
protects pregnant pigs-stuff like that shouldn't be on ballots. We have to be
informed citizens. There are seven Palm Beach County amendments and twelve
• candidacies. The judicial contests are not true contests, you have to affirm a
judge. According to the Supervisor of Elections, two weeks prior to the election
you should be sent a copy of the ballot, and if you do not get it, it will be
published in the papers the weekend prior to. Do your homework. Another
change is you no longer have to have a reason to vote absentee, now you can just
because.
Carl Hansen stated he voted absentee today, and agrees that it is a difficult ballot
to fill out. He agrees you have to take a position when you vote.
Harold Taylor, 13 Chapel Court, said he had a small request for the Village. He
checked out the development on the old Rood Landscape property, and they have
Mt. Rood and Lake Rood. The retention pond is about a one acre surface with
water in it, a breeding ground for mosquitoes.
Community Development Director Newell stated he would take care of it.
VIII. DEVELOPMENT MATTERS
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Struck at request of petitioner.
• B. Site Plan Review for Lift Station at Dover Circle.-Loxahatchee River
Environmental Control District applicant-Community Development
Director Jeffrey G Newell
Community Development Director Newell stated this was a special
exception use and site plan review located at Seabrook and South Dover
Road. These things require a special exception use approval. This is the
landscape plan that was approved by the Community Appearance Board.
Staff has reviewed this site.
Council Member Resnik asked if this has anything to do with the
construction of the site. The one on Country Club has weeks growing up
through it, and it is supposed to be maintained by ENCON. They should
have put something under it. If they are going to put something up here
that is going to front a road, they should put something under it to keep
weeds from growing up.
Encon Representative Paul Brienza remarked they made an agreement
with the Country Club to do the landscape and they will reimburse. The
landscape has not been done yet.
Cyrese Colbert stated they are going to have a meeting about the sewer,
and it is the same night as the party dance-if we could get that changed.
Encon Representative Paul Brienza stated the meeting is a regular board
meeting on its regular night. It is just a public hearing regarding the
• assessment.
MOTION: Council Member Resnik moved to approve the site plan review;
seconded by Council Member von Frank. Motion carried 4-0.
C. Special Exception Use for Lift Station at Dover Circle.-Loxahatchee
River Environmental Control District applicant-Community
Development Director Jeffrey C. Newell
Community Development Director Newell stated this is a special
exception use for Dover. It was advertised correctly, but it is an R1
zoning and I wrote R2 in your backup. A special exception use is
required, and staff has determined the seven criteria have been met.
No public comment.
No council comment.
MOTION: Council Member Resnik moved to approve the special exception use;
seconded by Councilmember von Frank. Motion carried 4-0.
IX. NEW BUSINESS
A. Consideration of contract renewal with CIGNA POS Insurance for
employee healthcare (CIGNA PPO for retirees). Finance Director
JoAnn Forsythe
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Village Manager Couzzo stated this is a consideration for renewing our
employee health insurance with Cigna POS. Our increase is 17% this
year, but last year there was a reduction.
MOTION: Council Member Resnik moved to approve contract renewal with
Cigna POS; seconded by Council Member von Frank. Motion carried 4-0.
B. Consideration of renewal coverage through Acordia. Finance Director
JoAnn Forsythe
Village Manager Couzzo stated this is a consideration of renewal
coverage through Acordia for all other insurance except Workers'
Compensation.
MOTION: Council Member Resnik moved to approve renewal coverage through
Acordia; seconded by Council Member von Frank. Motion carried 4-0.
*D. Discussion of request for waiver to begin demolition of fire house on
holiday Director of Community Development Jeffrey C. Newell
Community Development Director Newell said the code states
construction cannot be performed on a holiday. The status of the Public
• Safety Building is that we have long days. We have passed final
inspections, and the Fire Department is making plans to move into the
building some time tomorrow. Then there is the disconnection of the
facilities. We are currently scheduled for demolition on Tuesday, but I am
requesting a waiver for Monday.
MOTION: Council Member Dalack moved to approve the waiver; seconded by
Council Member von Frank.
Cyrese Colbert mentioned she is concerned about those buildings having
rats. What kind of control do you have, how are you going to get rid of
those rats?
Village Manager Couzzo stated we will attempt to get someone out there
tomorrow or Saturday. This is the first I heard that.
Cyrese Colbert said she is also concerned with the passway because there
is a reciprocal parking agreement, and we are eliminating access.
Motion carried 4-0.
An audience member asked if there was going to be a traffic signal in
front of the building.
Village Manager Couzzo stated rt was determined that rt is not necessary
now, but a conduit has been installed so when we need it, it will be there.
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Vice Mayor Capretta stated right out of the driveway there is a light that
always blinks when there is a truck coming in and out.
C. Village Manager Review. Mayor Geraldine A. Genco (no backup)
Vice Mayor Capretta stated this involves Couzzo's personal review. He
has been with us for two years, came in at a starting salary, performed
well, and last year he received a substantial increase, not only in his wage
spread, he has more room at that top, we also gave him a 7% increase in
salary and a $7,000 bonus. We had a budget meeting which put 3% in for
employees, that he will receive, we will decide on his merit, an additional
salary increase and whether he receives a bonus. Here Mr. Couzzo has
five bosses. We are to discuss briefly what the Council Members feel his
performance has been in the past year and how do they think his salary
should increase in this year. We want to appoint someone to negotiate an
agreement with Couzzo and come back next month, hearing the input of
each one, recommend a raise and bonus, it is a question of your input to
the negotiator, and at the moment it is me.
Council Member Dalack stated Mr. Couzzo has his complete support.
He wears the hat of the Utilities Director as well as that of the Village
• Manager. I'd like to see Mayor Genco negotiate again. Whatever the
highest grade is I give him.
Council Member Resnik stated he agrees someone on the Council should
meet with the manager, negotiate and come up with additional
compensation based on his performance and manner of contribution to
him. We have approved this. An approved study says this is what each
position in the Village has, and it goes for each fiscal year. If we are
going to live by what we approve, we can't really give the Village
Manager increase in percentage that is going to stick him above what this
study has. Whoever negotiates should look. at this contract, and it
shouldn't have to be modified every year. Based on his consideration of
good performance, this is what he gets as a merit increase every year. Any
additional compensation based on his performance should be a one time
bonus for that year. That is what the Council should determine. The
maximum for the Village Manager is $105,000, so if you give him a
percentage increase it violates the approval. If we give him a deserving
bonus to cover his superb performance, that would take care of his
increase in pay and bonus for the fiscal year. Then his contract would
show a set amount each year that should have been negotiated. Each year
the Council would meet and approve the budget and discuss what we
should give him as a bonus each year.
• Vice Mayor Capretta mentioned we evaluated the Village Manager's
job, and we evaluated all of the jobs, and he had a range. We did this
study for his staff because several have not been able to receive a raise
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because several of our employees are at the top. We have done the study,
and I think our suggestion is very good. He does outstanding work, and
there is nothing wrong with giving him a bonus. I asked Mr. Couzzo a
question this evening, has he ever given out any bonuses to his staff. He
says yes, he has given bonuses out_ How much does Couzzo want to give
out? We should allow him to do that so he can motivate his staff. For us
to motivate him, it is for us to decide how much of a bonus we want to
give him. If you believe in wage administration, you can give bonuses
and not foul up everything. You could say you want the Mayor to
negotiate this and ask her to stick with that plan, and you believe a $5,000
bonus would be adequate, or whatever you believe, you could express the
number. I favor doing all of this in public. Mr. Dalack said something
that was okay, but I would like a specific number. Would you care to give
a number Dalack?
Council Member Dalack responded no, not really.
Village Attorney Randolph stated I think whoever negotiates will come
back to you and will be able to detect from what your comments are
tonight.
Vice Mayor Capretta asked if we were all agreed that the Mayor
negotiate with Mike.
Council Member Resnik responded that it was fine if we are going to
vote on or take consensus that it will be the Mayor. I think it ought to be
rotated around the council members.
MOTION: C.'ouncil Member Dalack moved to approve Council Member Resnik
to negotiate the Village Manager's contract; seconded by Council Member von
Frank. Motion carried 4-0.
MOTION: Council Member Resnik moved to approve the merit increase for the
Village Manager; seconded by Council Member von Frank. Motion carried 4-0.
X. ANY OTHER MATTERS
None.
XI. ADJOURNMENT
MOTION: Council Member Resnik motion to adjourn; seconded by Council Member
von Frank. Motion carried 4-U.
Respectfully submitted:
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